Minister of Indian Affairs Ministre des Affaires and Northern Development indiennes et du Nord canadien Ottawa, Canada K1 AOH4 I, the Minister of Indian Affairs and Northern Development, HEREBY APPROVE, pursuant to section 83 of the Indian Act, the following by-law made by the Westbank First Nation, in the Province of British Columbia, at a meeting held on the 5`h day of March 1996. By-law Amendment No . 1, 1996-08 (To amend By-law No. 1980-02) Dated at Ottawa, Ontario this 19th day of Noverber, 1996:
WSSTBANR FIRST NATION A BY-LAW TO AMEND THE BUSINESS LICENSE BY-LAW NO . 1980-OZ BY-LAW AMENDMENT NO . 1, 1996-08 WHEREAS the Council of the Westbank First Nation deems it advisable and in the best interests of the members of the First Nation to amend the Westbank First Nation Business License By-law No . 1980-02 ("First Nation By-law No . 1980-02") ; NOW THEREFORE the Council of the Westbank First Nation enacts as a bylaw thereof the following : Short Title 1 . This by-law may be cited as the Business License By-law Amendment No . 1, 1996-08 . Amends Part.I - Interpretation 2 . Part I, Section 2 of First Nation Business License By-law No . 1980-02 is amended by striking out the definition of "Band" and adding the following definition : "First Nation" means the Westbank First Nation . 3 . Part I, Section 2 of First Nation Business License By-law No . 1980-02 is amended by striking out the definition of "Band Administrator" and adding the following definition : "First Nation Administrator" means the person appointed by Council pursuant to First Nation By-law No . 1979-04 who may, with the approval of Council, hire by contract or otherwise, a person to carry out and enforce the provisions of this Bylaw . 4 . Part I, Section 2 of First Nation Business License By-law No . 1980-02 is amended by striking out the definition of "Collector" and adding the following definition : "Collector" means the Collector of the Westbank First Nation who is appointed by the First Nation Administrator . 5 . Part I, Section 2 of First Nation Business License By-law No . 1980-02 is amended by striking out the definition of "Council" and adding the following definition : "Council" means the Council of the Westbank First Nation as duly constituted and includes the Chief of the Westbank First Nation .
6 . Part I, Section 2 of First Nation Business License By-law No . 1980-02 is amended by striking out the definition of "Fire Prevention Officer" and adding the following definition : "Fire Prevention Officer" means the person, or his representative, so appointed by Council from time to time . 7 . Part I, Section 2 of First Nation Business License By-law No . 1980-02 is amended by striking out the definition of "License Inspector" and adding the following definition : "License Inspector" means the person appointed from time to time by the First Nation Administrator for the purpose of enforcing and carrying out the provisions of this By-law and shall include any Acting or Assistant License Inspector . 8 . Part I, Section 2 of First Nation Business License By-law No . 1980-02 is amended by striking out the definition of "Reserve" and adding the following definition : "Reserve" means all those lands, the title of which is vested in the Crown in the Right of Canada, which are or have been set aside for the use and benefit of the Westbank First Nation and which have not been surrendered . Amends Part II, Section 5 9 . Part II, Section 5 .2 of First Nation Business License By-law No . 1980-02 is repealed and the following substituted therefor : 5 .2 Before any license is issued, the License Inspector shall be satisfied that the premises for which the license is sought shall not violate the provisions of the Zoning By-law of the Westbank First Nation . 10 . Part II, Section 11 .2 of First Nation Business License By-law No . 1980-02 is repealed and the following substituted therefor : 11 .2 No person who purchases the interest of any person licensed pursuant to this By-law shall carry on or continue such business without first making application for a new license . The fee for such license shall be specified in Part IV of this By-law but may be pro-rated as provided under Section 16 . In the case of a Limited or Incorporated company where the business is to be continued under the same name or trade style, a new license shall not be required but a signed license application must be completed prior to continuance of the said business . il . Part II, Section 13 .3 of First Nation Business License By-law No . 1980-02 is repealed and the following substituted therefor :
Security shall be in the form of cash ornegotiable 13 .3 parity bonds of the Government of Canadaor the Province of British Columbia, or performance bonds duly registered by a licensed bondingcompany, and Nation . shall be made payable to the Westbank First By-law 12, Part II, Section 13 .4(b)of First Nation BusinessLicense No . 1980-02 is repealed and the following substituted therefor : license 13 .4(b) the date upon which the licensee isissued a by the Westbank First Nation to carry onbusiness as a resident ; or 13 . Part II, section 13 .6 of First Nation. Business License By-law No . 1980-02 is repealed and the following substitutedtherefor : 13 .6 If the period referred to inSubsection 5, the First Nation receives notice that a civil Westbank action based on deceit, misrepresentation orfraud in connection with the business for which the license is held, the security shall be held subject to theorder of the court, and in such action, the court mayorder that the sum secured by any such security beapplied of wholly or in part to the discharge of the liability the licensee resulting from the action . Part II, Section 14 .1(b) of First Nation Business LicenseBy-law 14 . No . 1980-02 is repealed and the following substitutedtherefor : is convicted of an offense under the Act ; under any 14 .1(b) First Nation By-law or statute of the Province of British Columbia in respect of the business for which he is licensed or with respect to the premises named in his license ; 15 . Part II, Section 14 .7 of First Nation BusinessLicense By-law No . 1980-02 is repealed and the following substituted therefor : 14 .7 Appeals Any person whose license has been suspended, or who has failed to obtain a license, or who wishes to appeal the classification as given by the License Inspector, may appeal to the Council by giving notice in writing to the First Nation Administrator . The Council shall state in a concise manner the time and place for the hearing of the appeal and may confirm or set aside such decisions made by the License Inspector, as it may deem fit . II, Section 15 .2 of First Nation Business License By-lawNo . 16 . Part 1980-02 is repealed and the following substitutedtherefor :
15 .2 Notwithstanding anything herein contained,the amount of any and every license fee payable by any person pursuant to the provisions of this By-law shall be a debt due by that person to the Westbank First Nation which shall be recoverable together with any costs in any court of competent jurisdiction . 17 . Part II, Section 15 .3(c)(i) and (ii) of First Nation Business License By-law No . 1980-02 is repealed and thefollowing substituted therefor : 15 .3(c)(i) in respect of hawkers and peddlers thepenalty provisions of Subsection 81(1)(r) and Subsections 81 (2) and (3) of the Indian Act ; 15 .3(c)(ii) in all other respects the penalty provisions of Section 102 of the Indian Act . 18 . Part II, Section 16 .2 of First Nation Business LicenseBy-law No . 1980-02 is repealed and the following substituted therefor : 16 .2 The license fees designated in Part IV of this By-law may be reduced as follows provided, however, that these provisions shall only apply to the first license issued to any specific business : (a) The license fees provided in this By-law may be reduced pro-rata in respect of any person who becomes liable to be licensed after the commencement of the license period on a quarterly basis . 19 . Part II, Section 17 of First Nation Business License By-law No . 1980-02 is repealed and the following substituted therefor : 17 . All money received under this By-law shall be deposited by the First Nation Administrator in the same manner as other revenue received by Council and will be budgeted and used to defray First Nation expenses . 20 . Part II, Section 18 .1 of First Nation Business License By-law No . 1980-02 is repealed and the following substituted therefor : 18 .1 Subject to Council approval, the First Nation Administrator may, from time to time, appoint a person to be License Inspector, whose duty it shall be to carry out and enforce the provisions of this By-law . 21 . Part II, Section 21 .1 of First Nation Business License By-law No . 1980-02 is repealed and the following substituted therefor : 21 .1 Any person seeking a license to hold a carnival or circus must obtain insurance in the amount of
$2,000,000 .00 for person injury, death andproperty damage . The insurance must contain a clauseexcluding the First Nation from liability in the event ofinjury or damage being done to any person or propertyas a of the result of any activity or street parade carnival or circus . Proof of such insurancemust be submitted to the satisfaction of the FirstNation Administrator prior to the granting of the license . By-law No . 22 . Part II, Section 21 .3 of First NationBusiness License 1980-02 is repealed and the following substitutedtherefor : A cash bond in the amount of $500 .00shall be 21 .3 with the First Nation Administrator and such deposited bond or part thereof shall be forfeited to theFirst Nation to pay for any damages or the cost ofany required during or after the term of the clean-up license . Such bond or part thereof shall be returned by the First Nation Administrator upon notification of the License Inspector that all conditionsregarding damages and clean-up are satisfactory . By-law No . 23 . Part II, Section 23 of First Nation BusinessLicense 1980-02 is repealed and the following substituted therefor: 23 . Fruit and Vecretable Vendors All vehicles and produce: must be inspected bythe Medical Health officer at Health Canada, Central Interior District . All applicants must receive certification from Health Canada prior to a business license being issued . All sites for these sales are to conform to the provisions of the Zoning By-law. 24 . Part II, Section 26 .6 of First Nation BusinessLicense By-law No . 1980-02 is repealed and the following substituted therefor: 26 .6 No person holding or required to hold a licensefor the carrying on of any trade, business or occupation under the provisions of any First Nation by-law shall refuse to sell any goods or furnish any service, or supply any accommodation to any person by reason of such person's race, creed or colour . 25 . Part II, Section 27 of First Nation Business LicenseBy-law No . 1980-02 is repealed and the following substituted therefor : 27, Section Ultra Vires In the event of any portion of this By-law being declared ultra vires, or quashed for any other reason, such decision shall not affect this By-law as a whole, and the remaining portions of this By-law shall remain in effect notwithstanding such decision .
Amends Part III - Definition of Businesses andCallings repealed 26 . Part III of First Nation Business By-lawNo . 1980-02 is and the following substituted therefor : "Convenience Shop" means a retail store, which forthe local convenience and well-being of the residents ofthe First reserves, remains open for business after 21 :00 hours Nation (9 :00 p .m.) on no fewer than six evenings eachweek of the than 185 year and comprises a total floor area of not more square metres not including living quarters orunfinished basement . Amends Part IV - Business Categories and Fees Payable 27 . Part IV of First Nation Business By-lawNo . 1980-02 is repealed and the following substituted therefor : 29,1 Agent of Outside Merchant From any person who, either on his own or as agent for another, sells, solicits or takes orders for the sale, by retail, of goods, wares or merchandise to be supplies by any person not doing business on the Reserve, ONE HUNDRED TWENTY-SEVEN DOLLARS ($127 .00) for each twelve (12) month period . 29 .2 Amusement Park/Miniature Golf/Roller Rink From any proprietor, lessee or manager of an amusement park, miniature golf course, roller rink or similar place of entertainment, the license fee shall be based on the following table : 6 months 3 months, less than 3 months $115 .00 $58 .00 $28 .00 29 .3 Auctioneer From any person selling property by auction (not being a Crown Officer selling Crown property by auction, or Sheriff, Sheriff's Office or Bailiff selling lands, goods or chattels under a judgement or in satisfaction of rent or taxes), ONE HUNDRED AND FIFTY-FIVE DOLLARS ($155 .00) for each twelve (12) month period . 29 .4 Automobile Body Repair and Paint Shop From any person carrying on a business of automobile body repair and paint shop ONE HUNDRED FOUR AND DOLLARS ($104 .00) for each twelve (12) month period . 29,5 Automobile Dealer - New and Second Hand or Used From any person being a dealer in both new and second hand automobiles, motor cars or motor vehicles, TWO HUNDRED AND ONE DOLLARS ($201 .00) for each twelve (12) month period . The holder of any license under this paragraph shall also be entitled to carry on the
business of selling automobile accessories, gasolineor or other fuel, oil and supplies and ofrepairing storage of automobiles, motor cars or motorvehicles without taking out any further license therefor . 29,6 Automobile Dealer - Second Hand or Used hand or used From any person being a dealer in a second automobile, motor cars or motor vehicles ONEHUNDRED AND FOUR DOLLARS ($104 .00) for each twelve(12) month period . 29,7 Auto Wrecker and/or Junk Dealer From any person carrying on the businessof an SEVENTY-automobile and or junk dealer, ONE HUNDRED THREE DOLLARS ($173 .00) for each twelve (12)month period . 29,8 Baker (a) from any person operating a bakery, bakeshop,or other place where bread or pastry is made or manufactured for sale, having an area of two hundred and seventy (270) square meters or less, the sum of ONE HUNDRED AND FOUR DOLLARS ($104 .00) for each twelve (12) month period. The holder of the license under this paragraph is also entitled to sell his products by retail from the same location without taking outany further license therefor . (b) from any person operating a bakery, bakeshop, or other place where bread or pastry is made or manufactured for sale, having an area of more that two hundred seventy (270) square metres, the sum of ONE HUNDRED TWENTY-SEVEN DOLLARS ($127 .00) for each twelve (12) month period . The holder of a license under this paragraph is also entitled to sell his products by retail from the same location without taking out any further license therefor . 29,9 Banker/Credit Union From any bank or person carrying on the businessof a banker or credit union the amount to be leviedor collected for each twelve (12) month period shall be based on the following : (a) 1 - 25 employees $575 .00 (b) 26 - 50 employees $865 .00 (c) Over 50 employees $1,150 .00 29 .10 Barber Shop From any person carrying on the business of a barber shop FORTY-SIX DOLLARS ($46 .00) for each of thefirst two (2) chairs and TEN DOLLARS ($10 .00) foreach additional chair for each twelve (12) month period .
The holder of a license under this paragraph shallalso be entitled to carry on a business of anitinerant barber without taking out any further license therefor. 29 .11 Barber - Itinerant From any person carrying on a business of an itinerant barber, being a person who performs barbering services elsewhere than in a barbershop, SIXTY DOLLARS ($60.00) each twelve (12) month period, for each person for performing such services . 29 .12 Bowling Alley From any person operating a bowling alley,SEVENTEEN DOLLARS ($17 .00) for each alley or runwayfor each (12) month period . Any person holding a license twelve under this paragraph may also sell byretail confections and tobacco as defined in Section28 of this By-law without being required to hold anyother license . Provided, however, that if a concessionsnack bar is operated as an adjunct to the primaryoperation By-law a fee as set out in subsection 29 .61(10) of this shall be paid . 29 .13 Carnival From any proprietor, lessee or manager of any carnival or show having any ferri.s wheel or othermechanical riding device or game of skill or chance, FIVE DOLLARS ($5 .00) for each such ferris wheel or riding device or game for each day on which such carnival orshow is operating to a maximum of: TWENTY DOLLARS ($20 .00) for each day . 29 .14 Carrier - Resident Non-Resident, Taxicab From any person who hauls by way of vehicles of any description goods, wares, merchandise, and passengers from one (1) place to another and having a premise or place of stopping and starting within the Reserve and being so licensed and having the approval to carry on this type of business from the Public Utilities Commission, EIGHTY-SIX DOLLARS ($86 .00) for each twelve (12) month period . 29 .15 Circus, etc . From any person who exhibits a public circus, menageria, hippodrome, horse show, dog or pony show, ONE HUNDRED SEVENTY-THREE DOLLARS ($173 .00) for each day of its operation . 29 .16 Contracting From any person who does any work, performs any service or supplies material, classified in this section as separate businesses NINETY-FIVE DOLLARS ($95 .00) for each twelve (12) month period for the first such
business and TWENTY-EIGHT DOLLARS ($28 " 00) foreach additional business classified hereunder : (1) Aluminum Contractor (2) Bricklayer and Stonemason Contractor (3) Building Contractor (4) Ceiling Contractor (5) Cement and/or Concrete Contractor (6) Drywall Contractor (7) Eavestrough Contractor (8) Electrical Contractor (9) Excavating/Bulldozing Contractor (10) Flooring Contractor (11) Gas Fitting Contractor (12) Insulation Contractor (13) Painting and Decorating Contractor (14) Paving Contractor (15) Plastering Contractor (16) Plumbing Contractor (17) Refrigeration Contractor (18) Roofing and Siding Contractor (19) Swimming Pool Contractor (20) Warm Air Heating and/or Air Conditioningand Sheet Metal Contractor (21) Sheet Metal Contractor (22) Sewer Installation Contractor (23) Water Line and Sewer Connection Contractor (24) Other Contractors 29,17 Custom Blueprinting From any person carrying on the business ofcustom blueprinting and duplication, SEVENTY DOLLARS ($70 .00) for each twelve (12) month period . 29,18 Custom Broker From any person carrying on the business of a custom broker, SIXTY-THREE DOLLARS ($63 .00) for each twelve (12) month period . 29,19 Dance Hall Banctuet Hall CabaretNeighbourhood Public House Any person operating a dance, dance hall, neighbourhood public house, or other paace of amusement (including halls and other buildings where dances are held) and any person operating a cabaret for which an admission fee is charged, shall pay a license fee accordingto the following scale : (a) For twelve (12) months, or any portionthereof in excess of three (3) months, ONE HUNDRED THIRTY-FIVE DOLLARS ($135 .00) . (b) For three (3) months, or any portion thereof in excess of one (1) month, THIRTY DOLLARS ($30 .00) . . For one (1) month, or any portion thereof in (c) excess of one (1) day, FIFTEEN DOLLARS ($15 .00) .
(d) For one (1) day, or any portion thereof, TEN DOLLARS ($10 .00) . 29 .20 Day Nursery, Baby-Sitting Service Any person operating a day nursery, child care or a babysitting service shall pay a license fee according to the following scale : (a) TWENTY-FIVE DOLLARS ($25 .00) for each twelve (12) month period for three (3) to five (5) children . (b) THIRTY-FIVE DOLLARS ($35 .00) for each twelve (12) month period for six (6) to ten (10) children inclusive . (c) FORTY-FIVE DOLLARS ($45 .00) for each twelve (12) month period for eleven (11) to fifteen (15) children inclusive . (d) SIXTY DOLLARS ($60 .00) for each twelve (12) month period for in excess of sixteen (16) children . 29 .21 Dealer - Second Hand and Junk From any person carrying on the business of a second hand dealer or junk dealer, a second hand store, a junk store or shop, ONE HUNDRED AND FOUR DOLLARS ($104 .00) for each twelve (12) month period . 29 .22 Exhibition From any person exhibiting for gain or profit, waxworks, circus riding, ropewalking, dancing, tumbling, wrestling, or other acrobatic or gymnastic curiosities, legerdemain, jugglery, or other like tricks, glassblowing, tableaux or other performance, show, collection or exhibition, TWENTY EIGHT DOLLARS ($28 .00) for each day . 29 .23 Fruit Stand From any person carrying on the business of a fruit stand for the sale of farm produce, FORTY-SIX DOLLARS ($46 .00) for each twelve (12) month period . 29 .24 Garage (a) From any person who carries on the business of a garage for the storage of automobiles, motor cars or motor vehicles in excess of two (2) vehicles NINETY-TWO DOLLARS ($92 .00) for each twelve (12) month period . (b) From any person who carries on the business of a garage for the repair of automobiles, motor cars or motor vehicles, ONE HUNDRED AND FIFTEEN DOLLARS ($115 .00) for each twelve (12) month period.
29 .25 Gasoline or Fuel Service Station From any person carrying on the business of selling gasoline or other fuel, as well as the minor servicing and emergency repairs of automobiles, ONE HUNDRED AND FOUR DOLLARS ($104 .00) for each twelve (12) month period for the first two (2) gasoline or other fuel pumps, and TWELVE DOLLARS ($12 .00) for each twelve (12) month period for each additional gasoline or other fuel pump . Every person holding a license under this paragraph may also sell by retail without further license, automobile accessories, confections, and tobacco, as defined in Section 28 of this By-law but a separate license shall be required for each vending machine located on the premises . 29 .26 Hairdressing and/or Beauty Parlour From any person carrying on the business of a hairdresser shop or beauty parlour, FORTY-SIX DOLLARS ($46 .00) for each of the first two (2) chairs, and TEN DOLLARS ($10 .00) for each additional chair for each twelve (12) month period . The holder of a license under this paragraph shall also be entitled to carry on a business of an itinerant hairdresser without taking out any further license therefor . 29 .27 Hairdresser - Itinerant From any person carrying on the business of an itinerant hairdresser, being a person who performs hairdressing services elsewhere than in a hairdressing shop, TWENTY-THREE DOLLARS ($23 .00) for each twelve (12) month period, for each person performing such services . 29 .28 Hawker, Peddler . Huckster From any hawker, peddler, huckster, ONE HUNDRED DOLLARS ($100 .00) for each twelve (12) month period . 29 .29 Home Handicraft Sale From any person carrying on the business of organizing and operating a home handicraft fair where all of the participants in such fair only offer for sale their own home handicrafts, $14 .00 per space up to a maximum of $276 .00 per home handicraft fair . A license issued for such a home handicraft fair includes all merchants registered to take part in the home handicraft fair . 29 .30 Job Printer From any person carrying on the business of job printer, ONE HUNDRED AND FOUR DOLLARS ($104 .00) for each twelve (12) month period .
29 .31 Laundrv a) From any person carrying on the business of a public laundry having three (3) or less employees, FIFTY-EIGHT DOLLARS ($58 .00) for each twelve month period . b) From any person keeping or carrying on a public laundry having more than three (3) employees, ONE HUNDRED AND FOUR DOLLARS ($104 .00) for each twelve (12) month period . 29 .32 Laundry or Dry Cleaner - Self-Serve From any person keeping or carrying on the business of a self-serve laundry or dry cleaner, the amount to be levied or collected shall be based upon the extent of such business and computed as follows : TEN DOLLARS ($10 .00) for each twelve (12) month period for the first two (2) machines, and FOUR DOLLARS ($4 .00) for each twelve (12) month period for each additional machine . 29 .33 Linen Supply From any person carrying on the business of a linen supply EIGHTY DOLLARS ($80 .00) for each twelve (12) month period . 29 .34 Liquor Delivery Service From any person carrying on the business of a liquor delivery service, ONE HUNDRED AND FOUR DOLLARS ($104 .00) for each twelve (12) month period . 29 .35 Lodging House Keeper From any person operating a lodging house as defined in Section 28 of this By-law whether or not board or meals are supplied to the occupants thereof, TWO DOLLARS ($2 .00) for each twelve (12) month period for each of the ,first five (5) rooms let or available for letting and ONE DOLLAR ($1 .00) for each twelve (12) month period for each additional room let or available for letting . Provided, however, that persons having not more than two (2) rooms available for letting shall not be required to take out or hold a license under this paragraph . 29 .36 Mail Order Agency From any person who either on his own behalf or as agent for another in whole or in part carries on a mail order business and retail business, ONE HUNDRED AND FOUR DOLLARS ($104 .00) for each twelve (12) month period . 29 .37 Manufacturer From any person carrying on the business of a manufacturer, not otherwise specified in this By-law, 12
the amount to be levied or collected for each twelve (12) month period in addition to the license fee for a person owning or operating a retail business if that person sells his products by retail shall be based upon the following : FLOOR AREA FEE (a) 1 sq .m . to 464 sq.m . $115 .00 (b) 456 sq .m . to 1,858 aq .m . $230 .00 (c) 1,859 sq .m . to 3,716 sq .m . $345 .00 (d) Over 3,716 aq .m. $460 .00 29 .38 Mobile Store (a) From any person carrying on business as amobile store with respect to any goods as defined by "Confections" and "Groceries" of Section 28 of this By-law, TWO HUNDRED SIXTY-EIGHT DOLLARS ($268 .00) for each twelve (12) month period for the first such mobile store and FORTY-FIVE DOLLARS ($45 .00) for each twelve (12) month period for each additional mobile store ; (b) Provided that where only confections, bread, and dairy products are sold, the fee shall be TWENTY-FIVE DOLLARS ($25 .00) for each of the first two (2) vehicles and FIVE DOLLARS ($5 .00) for each additional vehicle used for the purpose of a mobile store . 29 .39 Newapaper'Publisher (a) From any person carrying on the business of a daily newspaper publisher, FOUR HUNDRED SIXTY DOLLARS ($460.00) for each twelve (12) month period . (b) From any person carrying on the business of a bi-weekly newspaper publisher, ONE HUNDRED SEVENTY-THREE DOLLARS ($173 .00) for each twelve (12) month period . , (c) From any person carrying on the business of a weekly newspaper publisher, EIGHTY-ONE DOLLARS ($81 .00) for each twelve (12) month period : provided, however, that the holder of a license under this paragraph shall be entitled to sell newspapers by retail from the premises on which he publishes such newspapers without obtaining a further license therefor . 29 .40 Parking Lot (a) From any person who carries on the business of the rental of parking space for automobiles, motor cars, or motor vehicles, on any parking lot, TWENTY-THREE DOLLARS ($23 .00) for each twelve (12) month period for the first four (4) spaces available, 13
(b) From any person who carries onthe business of the rental of parking spaces in excess offour (4) spaces, EIGHTY-ONE DOLLARS ($81 .00)for each twelve (12) month period . 29 .41 Pawnbroker From any person carrying on thebusiness of a pawnbroker, THREE HUNDRED FORTY-FIVE DOLLARS ($345.00) for each twelve (12) month period . 29,42 Pool Room/Billiard Hall From any person operating any public poolroomor billiard hall, TWENTY-EIGHT DOLLARS ($28 .00)for each exceeding table for each twelve (12) month period not in the whole the sum of ONE HUNDRED FORTY-THREEDOLLARS ($143 .00) for any one (1) premise for each twelve(12) month period . Any person holding a license underthis paragraph may also retail confections and tobaccoas being defined in Section 28 of this By-law, without required to hold any other license, provided, however, that if a Concession Snack Bar as describedin subsection 29 .61(10) of this Section is operated asan adjunct to the primary operation, the fee set outin subsection 29 .61(10) shall apply . 29 .43 Private Hospital From any person operating a private hospital as defined in the "Hospital Act", being Chapter 178 of the Revised Statutes of British Columbia, 1960, as amended, TWO DOLLARS ($2 .00) for each bed let or available for letting for each twelve (12) month period . 29 .44 Private Patrol Agcy/Investiaations/Collections/Bailiff From any person carrying on the business of a Private Patrol Agency, ONE HUNDRED FIFTEEN DOLLARS ($115 .00) for each twelve (12) month. period . 29 .45 Professions From any person regularly and generally carryingon any of the following businesses on the Reserve, either individually or as a member of a firm, partnership, corporation, or otherwise, of the following businesses, and any other profession not otherwise specifically mentioned hereunder, the amount to be levied or collected for each twelve (12) month period shall be based upon the following : NUMBER OF PROFESSIONALS FEE (a) 1 - 2 Professionals $115 .00 (b) 3 - 5 Professionals $288 .00 (c) 6 - 10 Professionals $460 .00 (d) 11 - 20 Professionals _ $750 .00 (e) Over 20 Professionals $921 .00 14
(1) Appraiser (2) Architect (3) Barrister and Solicitor (4) British Columbia Land Surveyor and/or Dominion Land Surveyor (5) Chartered Accountant, Certified General Accountant, Registered Industrial Accountant, Accredited Public Accountant . (6) Chiropractor (7) Consulting Forester (8) Dentist (9) Ear, Nose and Throat Specialist (10) Engineer (il) Eye'Specialist (12) General Practitioner (13) Neurologist (14) Neuro Surgeon (15) Notary Public (16) Optometrist (17) Orthodontist (18) Orthopedic Surgeon (19) Pathologist (20) Physician and Surgeon (21) Psychiatrist (22) Radiologist (23) Urologist (24) Podiatrist (25) Veterinarian (26) Others 29 .46 Property Management (a) From any person carrying on the business of acquiring, disposing of, or managing in any way whatsoever, property for or on behalf of any other person, except and unless the person carrying on such business is a licensed realtor in possession of a business license under subsection 29 .48 herein, having from one (1) to five (5.) inclusive employees, EIGHTY DOLLARS ($80 .00) for each twelve (12) month period . (b) From any person carrying on the business described in subsection 29 .46(a) herein, having more than five (5) employees, ONE HUNDRED AND FOUR DOLLARS ($104 .00) for each twelve (12) month period . 29,47 Public Utility Company From any gas, electric light, telephone, telegraph, power, pipeline or water company, tramway, motor bus, or rail-less electric car company, radio or television broadcasting company or closed circuit television company, THREE HUNDRED AND FORTY-FIVE DOLLARS ($345 .00) for each twelve (12) month period . In the event of one (1) company carrying on business of more than one (1) 15
of the kinds of descriptions hereinbefore in this paragraph enumerated, it shall be required to hold and pay for a license in respect of each kindor description of business so carried on . 29,48 Real Estate Land and Insurance Agent (a) From any person carrying on the business of a Real Estate, Land or Insurance Agent, having from one (1) to two (2) inclusive employees, EIGHTY-SEVEN DOLLARS ($87 .00) for each twelve (12) month period . (b) From any person carrying on the business as a Real Estate, Land or Insurance Agent, having from three (3) to five (5) employees, ONE HUNDRED FIFTY-SIX DOLLARS ($156 .00) for each twelve (12) month period . (c) From any person carrying on the business of .a Real Estate, Land or Insurance Agent, having from six (6) to ten (10) inclusive employees, TWO HUNDRED THIRTY DOLLARS ($230 .00) for each twelve (12) month period . (d) From any person carrying on the business of a Real Estate, Land or Insurance Agent having from eleven (11) to twenty (20)employees, THREE HUNDRED FORTY-FIVE DOLLARS ($345 .00) for each twelve (12) month period . (e) From any person carrying on the business of a Real Estate, Land or Insurance Agent have more than twenty (20) employees, FOUR HUNDRED SIXTY DOLLARS ($460 .00) for each twelve (12) month period . 29 .49 Restaurant, Etc . (a) From any person owning or operating the business of restaurant, tea room, cafe, cafeteria, fish and chip shop, delicatessen, coffee shop, or other premises of a similar nature (excluding Class B Dining Lounge and Class B Dining Room), where the extent of such business requires a total floor area o2: one hundred and forty (140) square metres or less, ONE HUNDRED AND FOUR DOLLARS ($104 .00) for each twelve (12) month period . (b) From any person owning or operating the business of a restaurant, tea room, cafe, cafeteria, fish and chip shop, delicatessen, coffee shop, or other premises of a similar nature (excluding Class B Dining Lounge and Class B Dining Room), where the extent of such business requires a total floor area in excess of one hundred forty (140) metres, ONE HUNDRED TWENTY-SEVEN DOLLARS ($127 .00) for each twelve month period . (c) From any person owning or operating the business of restaurant, tea room, cafe, cafeteria, fish 16
and chip shop, delicatessen, coffee shop, or other premises of a similar nature (excluding Class B Dining Lounge and Class B Dining Room), which is combined with a retail business, the combined area of which is forty-seven (47) square metres or less, FIFTY-EIGHT DOLLARS ($58 .00) for each twelve (12) month period . 29 .50 Retail From any person selling by retail the amount to be levied or collected for each twelve (12) monthperiod shall be based upon the following : Area of Premises Fee (a) 1 - 278 sq,m, $115 .00 (b) 279 - 557 sq .m . $230 .00 (c) 558 - 1,115 aq .m . $345 .00 (d) 1,116 - 2,230 sq .m . $575 .00 (e) Over 2,230 sq .m . $921 .00 29 .51 Rooms for Rent From any person letting or making availablefor letting, rooms for living accommodation either in a hotel, motel, apartment auto court, or elsewhere, and whether or not board or meals are supplied to the occupant thereof, THREE DOLLARS ($3 .00) for each twelve (12) month period for each one (1) of the first five (5) rooms, and ONE DOLLAR ($1 .00) for each twelve(12) month period for each additional room . Provided, however, that persons having not more than two (2) rooms available for letting shall not be required to hold a license under this paragraph . 29 .52 Salesperson Any person who : (i) sells, or offers for sale, goods, wares, merchandise, or food-stuffs, or any other effects whatsoever that retail in the Reserve by a door-to-door canvas ; (ii) being the agent far another person, sells or offers for sale goods, wares, merchandise, or food-stuffs, or carries or exposes samples, or patterns of any goods, wares, merchandise, or food-stuffs, to be afterwards delivered within the Reserve to a person who is not a wholesaler, or retailer, in such goods, wares, merchandise or food-stuffs ; or (iii) carries or exposes samples or patterns or quotes prices for the selling of any goods, wares, merchandise, or foodstuffs, to be afterwards delivered within the Reserves to any person, 17
a fee of FIFTY-EIGHT DOLLARS ($58 .00) for eachtwelve (12) month period . 29 .53 Sand and Gravel Pit From any person operating a sand and/or gravel pit, ONE HUNDRED SEVENTY-THREE DOLLARS ($173 .00) for each twelve (12)month period . 29 .54 Theatre/Halls/Arenas From any proprietor, lessee or manager of any theatre, including drive-in theatre, amusement hall, concert hall, music hall, opera house, rink, amusement park, or other place of amusement, entertainment or exhibition, according to the seating or automobile capacity thereof and licensing period thereof as set out inthe following table . SEATING CAPACITY LICENSING PERIOD 12 Months 6 Months 3 Months 1 Month 1 Day to 499 $115 .00 $ 58 .00 $28 .00 $20 .00 $5 .00 (a) 1 (b) 500 - 974 230 .00 115.00 58 .00 40 .0010 .00 (c) 975 or more 345 .00 173 .00 86 .00 45 .0010 .00 For the purpose of the foregoing sub-paragraph the words "seating capacity" shall, in the case of buildings where the seats are fixtures, be calculated on the basis that one (1) seated person occupies : (i) Four thousand five hundred forty decimal eight (4,540 .8) square centimetres in a building, or (ii) One-third (1/3) of each passenger-car parking space in a passenger car parking lot . Provided that where one building contains more than one theatre, hall or other place of entertainment within the scope of this paragraph, a separate license shall be payable in respect for each such premise . 29 .55 Trade Show From any person carrying on the business of organizing and operating a trade show where the merchants participating in such trade show offer their goods, wares or merchandise for retail sale or wholesale, SIXTY-NINE DOLLARS ($69 .00) per merchant or space up to a maximum of ONE THOUSAND THREE HUNDRED AND EIGHTY DOLLARS ($1,380 .00) per trade show . A license issued for such a trade show includes all merchants registered to take part in the trade show . 29 .56 Trailer and/or Tent Court or Parking IncludincT Auto Camp From any person carrying on business as the owner of a trailer and/or tent court or park the amount to be levied or collected shall be levied upon the extent of 18
such business and computed as follows : FOURDOLLARS ($4 .00) for each trailer and/or tent space let or available for letting for each twelve (12)month period . 29 .57 Trust Investment Loan and Mortgage Companv From any person carrying on the business ofa trust insurance, finance, investment, loan or company, mortgage agency, society or company, the amountto be period levied or collected for each twelve (12) month shall be based on the following, subject howeverto the "Trust Companies Act" being Chapter 189 of theRevised Statutes of British Columbia, 1960, as amended : NUMBER OF EMPLOYEES FEE 1 - 2 Employees $115 .00 3 - 5 Employees $230 .00 6 - 10 Employees $345 .00 11 - 20 Employees $519 .00 Over 20 Employees $690_00 29 .58 Vending Machines From owners of vending machines the amount to be levied collected for each twelve (12) month period shall be or as follows : (a) For vending machines for the vending of music, games, amusement or service, TWENTY-THREE DOLLARS ($23 .00) for the first machine and TWELVE DOLLARS ($12 .00) for each additional machine . (b) For vending machines for the sale of any goods, wares, merchandise or articles, TWENTY-THREE DOLLARS ($23 .00) for the first machine and SIX DOLLARS ($6 .00) for each additional machine . (c) For coin operated Radio and or T.V . receivers, TWO DOLLARS ($2 .00) for each receiver, provided always that no license under this By-Law shall be issued with respect to a vending machine for the sale of cigarettes and no such machine shall be operated within the Reserve unless : (i) The machines shall be located inside a building ; and (ii) The machine shall be located where there is a person on duty at all times during business hours . And further provided that a number issued by the License Inspector shall :be affixed to each vending machine in a place designated by the license Inspector and no vending machine shall be operated without first having the necessary number affixed . The License 19
is hereby empowered to seal closed any orall Inspector unlicensed vending machines . 29 .59 Warehousing (Including Mini-Storaqe) From any person carrying on the business ofwarehousing charges products, equipment or other effects for which are made, the following license fees arelevied or based on collected for each twelve (12) month period floor area occupied by the warehouse business: the FLOOR AREA FEE (a) 1 - 464 aq .m . $115 .00 (b) 465 - 1,858 sq .m . $230 .00 (c) 1,859 - 3,716 aq .m . $345 .00 (d) Over 3,716 aq .m . $460 .00 29 .60 Wholesale person owning or operating a wholesale From any business for each twelve (12) month period,the following fees shall be levied or collected basedon the floor area occupied by the wholesale businessas follows : FLOOR AREA FEE (a) 1 - 464 aq .m. $115 .00 (b) 465 - 1,858 sq .m . $230 .00 (c) 1,859 - 3,716 sq .m . $345 .00 (d) Over 3,716 sq.m . $460 .00 The holder of a license under this paragraph shallalso be entitled to sell by retail from the same location without taking out any further license therefor . 29 .61 Other Business From any person operating any of the following businesses, the amount hereinafter set out opposite each such business operated by him for each twelve(12) month period . 1) Accountant, Bookkeeper or Auditor SIXTY-FOUR ($64 .00) 2) Billboard posting FIFTY-EIGHT DOLLARS ($58 .00) 3) Boat rental and mooring FIFTY-EIGHT DOLLARS ($58 .00) 4) Brewers Agent ONE HUNDRED AND FOUR DOLLARS ($104 .00) 5) Canadian Newspaper Agency FORTY-SIX DOLLARS ($46 .00) 6) Car/Truck Rental Service and/or Leasing Service SIXTY-FOUR DOLLARS ($64 .00) 20
7) Chimney Sweep THIRTY-FIVE DOLLARS ($35 .00) 8) Christmas Tree Sale TWENTY-THREE DOLLARS ($23 .00) 9) Collection Agency EIGHTY DOLLARS ($80 .00) 10) Concession snack bar : having a total floor area of not more than forty-five (45) square metres, operated as an adjunct to a primary operation which is the principal source of the patronage . FIFTY-ONE DOLLARS ($51 .00) 11) Dental technician - laboratory or like service ONE HUNDRED AND FOUR DOLLARS ($104 .00) 12) Drafting & Design Service ONE HUNDRED AND FOUR DOLLARS ($104 .00) 13) Dry Cleaning ONE HUNDRED AND FOUR DOLLARS ($104 .00) 14) Fuel Dealer (liquid fuels) ONE HUNDRED AND FOUR DOLLARS ($104 .00) 15) Fuel Dealer (solid fuels) THIRTY-FIVE DOLLARS ($35 .00) 16) Furniture Repair and Refinishing ONE HUNDRED AND FOUR DOLLARS ($104 .00) 17) Handicapped and/or Blind, carrying on a home handicraft, home occupation or business for gain which is incidental and secondary to the use of the dwelling unit for residential purposes . NO CHARGE ($0) 18) Home handicrafts, where there are no employees of the person operating such business . TWENTY-EIGHT DOLLARS ($28 .00) 19) Ice or cold storage locker ONE HUNDRED AND FOUR DOLLARS ($104 .00) 20) Janitor and/or window cleaning service where three (3) persons or less are employed . FORTY-SIX DOLLARS ($46 .00) 21) Janitor and/or window cleaning service where more than three (3) persons are employed . SIXTY-FOUR DOLLARS ($64 .00) 22) Landscaping or gardening including sale of shrubs, plants, nursery, and garden supplies . NINETY-TWO DOLLARS ($92 .00) 23) Landscaping or gardening TWENTY-EIGHT DOLLARS ($28 .00)
24) Lumber yard and/or millwork shop ONE HiJNDRED AND FOUR DOLLARS ($104 .00) 25) Machine shop where three (3) persons or less are employed . SEVENTY-FIVE DOLLARS ($75 .00) 26) Machine shop where more than three (3) persons are employed . ONE HUNDRED AND FIFTEEN DOLLARS ($115 .00) 27) Machine or equipment rental ONE HUNDRED AND FOUR DOLLARS ($104 .00) 28) Machinery and equipment sales and service . ONE HUNDRED AND FOUR DOLLARS ($104 .00) 29) Magazine, periodical or book sales business, that is to say, selling, soliciting or taking orders for the sale of subscriptions for newspapers, magazines, periodicals, or books, whether of an educational character or not . FIFTY-EIGHT DOLLARS ($58 .00) 30) Monumental works and memorials FIFTY-TWO DOLLARS ($52 .00) 31) Mobile home and/or trailer sales and/or recreational vehicle sales ONE HUNDRED AND FOUR DOLLARS ($104 .00) 32) Office equipment and supplies, sales and service ONE HUNDRED AND FOUR DOLLARS ($104 .00) 33) Photographer, itinerant ONE HUNDRED AND FOUR DOLLARS ($104 .00) 34) Piano Tuning SIXTY-THREE DOLLARS ($63 .00) 35) Private music teaching, dancing school, hairdressing school, and other related activities . FORTY DOLLARS ($40 .00) 36) Rug or upholstery cleaners FIFTY-TWO DOLLARS ($52 .00) 37) Saw filing and/or knife sharpening TWENTY-THREE DOLLARS ($23 .00) 38) Septic tank and grease trap cleaners ' FIFTY-TWO DOLLARS ($52 .00) 39) Service and maintenance of appliances and other equipment ONE HUNDRED AND FOUR DOLLARS ($104 .00) 40) Shoe Repair FIFTY-EIGHT DOLLARS ($58 .00) 41) Shoe Shine TWENTY-THREE DOLLARS ($23 .00)
42) Sign painter or sign. writer ONE HUNDRED AND FOUR DOLLARS ($104 .00) 43) Small Equipment and Appliance Sales and Service ONE HUNDRED AND FOUR DOLLARS ($104 .00) 44) Tailor or dressmaker THIRTY-FIVE DOLLARS ($35 .00) 45) Thrift Store TWENTY-THREE ($23 .00) 46) Tire retreading business ONE HUNDRED AND FOUR DOLLARS ($104 .00) 47) Towing Service ONE HUNDRED AND FOUR DOLLARS ($104 .00) 48) Travel Service and/or Tour Agent ONE HUNDRED AND FOUR DOLLARS ($104 .00) 49) Tree Topping, including spraying FIFTY-TWO DOLLARS ($52 .00) 50) Undertaker and funeral director ONE HUNDRED AND FOUR DOLLARS ($104 .00) 51) Upholstering ONE HUNDRED AND FOUR DOLLARS ($104 .00) 52) Watch repairing SIXTY-FOUR DOLLARS ($64 .00) 53) Welding Shop ONE HUNDRED AND FOUR DOLLARS ($104 .00) 54) Yard sale, garage sale, carport sale, basement sale, etc . Provided however, the license shall be issued for each individual sale and no license is required for a person holding only one (1) such sale in each license year, and no person shall be granted more than three (3) licenses in each license year TWENTY-THREE DOLLARS ($23 .00) 29 .62 Unclassified From any person following within the Reserves any profession, business, trade, occupation, employment or calling not hereinbefore enumerated, or who enters into or carries on any contract to perform any work or furnish any service or material, ONE HUNDRED AND FOUR DOLLARS ($104 .00) for each twelve (12) month period .
WESTBANK FIRST NATION LANDS DEPARTMENT Suite 102 - 515 Highway 97 South, Kelowna, B .C . V1Z 3J2 Telephone: (604) 769-2442 - Fax: (604) 769-2443 BAND COUNCIL RE ~ 10 ,~ CHRONOLOGICAL NUMBER: ~J 1 I ' "7319 The undersigned Chief and Councillors of the Westbank First Nation do hereby certify that the following is a resolution that was duly moved, seconded and approved by a majority of the Council at a duly convened meeting held at the Westbank First Nation Administration offi s at 515 Highway 97 S uth, Tsinstikeptum Indian Reserve No. 10, on the ~-i~ day of ~i'ff/~ ~r~~f,-L , 1996 . WHEREAS: The Westbank First Nation By-law entitled "Business License By-law 1980-02" has been amended by By-law Amendment No. 1, 1996-08 ; NOW THEREFORE BE IT RESOLVED THAT Business License By-law Amendment No. 1, 1996-08 is hereby approved and passed as an amendment to Business License By-law No. 1980-02 . A quorum for the Westbank First Nation Counclf is 3 members . Councillor Councillor
WESTBANK FIRST NATION LANDS DEPARTMENT Suite 102 - 515 Highway 97 South, Kelowna, B.C . V1Z 3J2 Telephone: (604) 769-2442 - Fax: (604) 769-2443 BAND COUNCIL RESOLUTION CHRONOLOGICAL NUMBER: The undersigned Chief and Councillors of the Westbank First Nation do hereby certify that the following is a resolution that was duly moved, seconded and approved by a majority of the Council at a duly convened meeting held at the Westbank First Nation Administration es at 515 Highwa 97 outh, Tsinstikeptum Indian Reserve No. 10, on the `Z~ day of f7/ l ran . , 1996. WHEREAS: The Westbank First Nation By-law entitled "Business License By-law 1980-02° has been amended by By-law Amendment No. 1, 1996-08 ; NOW THEREFORE BE IT RESOLVED THAT Business License By-law Amendment No. 1, 1996-08 is hereby approved and passed as an amendment to Business License By-law No. 1980-02 . A quorum for the Westbank First Nation Council is 3 members. Councillor l Councillor d6-uncillor
You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.