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THE CORPORATION OF THE CITY OF VERNON

AGENDA

COMMITTEE OF THE WHOLE COUNCIL CHAMBERS

TUESDAY, FEBRUARY 11,2014 8:40AM

1. CALL TO ORDER

AGENDA A. THAT the Agenda for the February 11, 2014, Committee of the Whole meeting be adopted as presented.

2. ADOPTION OF MINUTES

MINUTES A. THAT the minutes of the Committee of the Whole meeting of

BUSINESS LICENCE BYLAW #5480 REVIEW (P. 5)

Council held January 27, 2014, be adopted. (P. 3)

3. BUSINESS ARISING FROM THE MINUTES

4. GENERAL MATTERS

5. UNFINISHED BUSINESS

6. NEW BUSINESS

A. THAT Council endorse the proposed Business Licence Bylaw and the proposed amendments to the Fees and Charges Bylaw, as attached to the report dated February 4, 2014 by the Manager of Building and Inspections and direct staff to undertake a public consultation process consisting of advertising in the local media and on the City of Vernon website;

AND FURTHER, that Council direct staff to submit the draft bylaw to the City Solicitor for legal review;

AND FURTHER, that Council direct staff to report to Council at the March 24, 2014 Regular Meeting of Council with a report summarizing the results of the public consultation process, the legal review and the final bylaws for First, Second and Third Reading .

7. LEGISLATIVE MATTERS

8. COUNCIL INFORMATION UPDATES

9. G.V.A.C. I R.D.N.O. REGULAR MEETINGS

COMMITTEE OF THE WHOLE- JANUARY 13, 2014

10. INFORMATION ITEMS

11. CLOSE OF MEETING

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MINUTES OF A COMMITTEE OF THE WHOLE MEETING HELD MONDAY, January 27, 2014

PRESENT: Mayor Rob Sawatzky

Councillors: C. Lord, B. Spiers, MJ O'Keefe, J. Cunningham, B. Quiring (8:41)

CALL TO ORDER

Staff: W. Pearce, Chief Administrative Officer S. Blakely, Dep. Corp. Officer I Manager, Legislative Services K. Flick, Director, Community Development B. Bandy, Real Estate Manager R. Miles, Manager, Long Range Planning & Sustainability T. Laing Gahr, Communications Officer R. Dickinson, Director Engineering & GIS D. Ross, Director Recreation Services

Others: Media and Members of the public

Mayor Robert Sawatzky called the meeting to order at 8:40am.

AGENDA ADOPTION Moved by Councillor Cunningham, seconded by Councillor Lord:

THAT the Agenda for the January 27, 2014, Committee of the Whole meeting be adopted.

ADOPTION OF THE MINUTES

CARRIED.

Moved by Councillor O'Keefe, seconded by Councillor Lord :

THAT the minutes of the Committee of the Whole meeting of Council held January 13, 2014, be adopted; CARRIED.

GENERAL MATTERS

UNFINISHED BUSINESS

NEW BUSINESS

LEGISLATIVE MATTERS

COUNCIL INFORMATION UPDATES

G.V.A.C. I R.D.N.O. REGULAR MEETINGS

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CLOSE

COMMITTEE OF THE WHOLE- JANUARY 27,2014

INFORMATION ITEMS

Mayor Robert Sawatzky closed the meeting at 8:41 am.

CERTIFIED CORRECT:

Mayor: Corporate Officer:

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REPORT/RECOMMENDATION TO COUNCIL

SUBMITTED BY: Cornelius Martens, Manager of Building and Inspections

SUBJECT: BUSINESS LICENCE BYLAW #5480 REVIEW

PURPOSE:

DATE: February 4, 2014

FILE: 3900-02 Business Licence

That Council review and consider the proposed Business Licence Bylaw #5480 and amendments to the Fees and Charges Bylaw #3909 to include business licence fees.

RECOMMENDATION:

THAT Council endorse the proposed Business Licence Bylaw and the proposed amendments to the Fees and Charges Bylaw, as attached to the report dated February 4, 2014 by the Manager of Building and Inspections and direct staff to undertake a public consultation process consisting of advertising in the local media and on the City of Vernon website;

AND FURTHER, that Council direct staff to submit the draft bylaw to the City Solicitor for legal review;

AND FURTHER, that Council direct staff to report to Council at the March 24, 2014 Regular Meeting of Council with a report summarizing the results of the public consultation process, the legal review and the final bylaws for First, Second and Third Reading .

ALTERNATIVES & IMPLICATIONS:

1. THAT Council direct that the proposed Business Licence Bylaw and proposed amendments to the Fees and Charges Bylaw #3909, as attached to the report dated February 4, 2014 by the Manager of Building and Inspections, be amended prior to public consultation and legal review, as follows: (to be cited by Counci~.

2. THAT Council not proceed with the proposed Business Licence Bylaw and amendments to the Fees and Charges Bylaw.

Note: The existing bylaw has been in effect since 1985 and is inconsistent with: • The business licence software module that the City has purchased (note that the

previous module ceased to be supported as of January 2014) . • Section 194 of the Community Charter that requires municipalities to provide on

request, a report demonstrating how a fee or charge was arrived at. • Pending on-line electronic business licensing application processes.

PS

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ANALYSIS:

A. Committee/Board Recommendations:

The Business Licence Review Committee has met six times since September 2013 . The draft bylaw and proposed changes to the Fees and Charges Bylaw have been reviewed and endorsed by the Committee (see Attachments 1 and 2) .

B. Rationale:

1. In order to meet the requirements of Section 194 of the Community Charter, the fee or charge must be "justifiable" to the public, and preserve "transparency" by requiring that local government provide a report if requested, regarding how a fee or charge was determined.

2. To justify the service and fee, the committee first examined the work flow. There are two separate work flows, one at the application stage, and the second at the annual renewal stage. The tasks associated with the two work flows are different, with the majority of the work taking place at the application stage. The tasks associated with a business licence application include (see Attachment 3):

• Zoning - The Planning Department reviews new applications for compliance with land use and zoning regulations.

• Building Inspection - The B.C. Building Code applies to renovations and alterations to existing buildings, and where the build ing occupancy (use) is changing . Where necessary, permits are issued and inspections performed to ensure these requirements are met.

• Fire Department - The Fire Department is responsible for the fire and life safety of existing commercial, industrial and multi-family buildings. Working together with the Building Inspection Department, inspections are carried out where necessary to determine compliance with the Fire Services Act.

• Health Department (IHA) - The City liaises with the Interior Health Authority with all business licence applications involving food preparation and personal services. Licenses are not approved without IHA approval.

• Policing (including Bylaw Enforcement) - Very few applications are referred to policing, but this would change with the new MMPR (Medical Marijuana) regulations. The licensing requirements for medical marijuana operations would be the subject of future revisions to the business licence bylaw should Council support future text amendments to the Zoning Bylaw to permit medical marijuana.

3. The tasks associated with the annual renewal of licenses include (see Attachment 3):

• Fire Department - Commercial , industrial and multi-family residential buildings are inspected annually under the Fire Services Act. Generally speaking, the larger and more complicated the building , the more complicated and involved

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the inspections. This will be reflected in the annual business licence renewal fee.

• Policing (includes Bylaw Enforcement) - Certain uses require more policing resources, for example, licensed premises (bars and nightclubs) and medical marijuana operations. These additional costs would be reflected in the annual business licence renewal fee.

4. Since the cost of providing this service varies with the type of business, the Committee considered it logical that the fees also vary. The costs for new applications is proposed to include the annual renewal fee and a processing fee that would vary depending on the number of referrals required. Annual renewals would then also vary depending on the size and complexity of buildings, which determine the necessary Fire Department resources and policing costs for businesses such as licensed premises and medical marijuana premises.

5. The Committee also made an assumption that the cost of regulating business through the business licence function is reflected in the revenue (see Attachment 4). A detailed analysis of the costs to provide the service was not done.

6. Staff have also compared licensing fees with benchmark communities in accordance with Council Policy (see Attachment 5). Although difficult to make direct comparisons, due to the wide range of licensing schemes, the proposed license fees are not inconsistent with benchmark communities.

7. Although the annual business licence fee for some existing businesses will in some cases change dramatically, the overall annual revenue for existing businesses will remain consistent with previous years. The revenue required to meet projections for 2014 will be derived from the additional processing fees (see Attachment 6).

C. Attachments:

Attachment 1 - proposed Business License Bylaw #5480 Attachment 2- proposed amendments to the Fees and Charges Bylaw #3909 for

business licences fees and charges Attachment 3 - demonstrates the workflow for business licences, both at the

application and renewal stages Attachment 4- breakdown of 2013 business licences and revenues Attachment 5 - comparison of licence fees with the benchmark communities according

to Council Policy Attachment 6 - revenue projections based on the proposed bylaw (it should be noted

that many of the floor areas have been estimated and must be confirmed before the 2015 licence year)

D. Strategic Plan Objectives:

The proposed business licence bylaw involves the following objectives in Council's 3 Year Strategic Plan:

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>- Ensure the City is business friendly >- Manage our own house > Sound management

E. Policy (Existing/Relevance/None):

N/A

F. Relevant History:

At its Regular Meeting of September 9, 2013, Council endorsed the creation of a new business license bylaw and the creation of a Business License Review Committee.

G. Applicant's Response:

N/A

H. Reasons for Bylaw:

The existing bylaw is out of date and no longer compatible with the new business license software. The new software was intended to work with best practices in business licensing. The draft bylaw reflects best practices.

I. Resources:

A considerable amount of time has been spent analyzing the floor areas of businesses for the purposes of this report. This will continue in 2014 until the area of all commercial premises has been checked for accuracy.

BUDGET IMPLICATIONS:

The fee schedule has been designed to achieve the annualized revenue projections in the 2014 Budget.

Prep~

~ Cornelius Martens Manager of Building and Inspections

to Council:

Date: ____ ()_5._. ~=-=-~-· ~Z-=-o,___/ 7-/-;..

PB

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APPROVALS DATE COUNCIL AGENDA INFORMATION:

Supervisor D Regular Date: Item#

Division Manager t gf fJJ~\ll G In-Camera/~ Date: (et>tt /2.-CiL-f Item# I

D Information Item Date: Item#

D Agenda Addenda Date: Item#

REVIEWED WITH REVIEWED WITH REVIEWED WITH REVIEWED WITH Committees

D Bylaw & Licences D Environment D Public Works D D Clerk D Facilities D Planning D D Economic Dev. D Finance D Engineering D D RCMP D Fire D Transit D D Building & Bylaws D GVS- Parks D GVS- Water

D Human Relations D Utilities D Other ..

NOTE: C1ty Administrator's comments Will be provided 1f required as an addendum to the report

g:\3700-4699 legislative and regulatory services\3900 bylaws\02 bylaws, by subjectl busi ness licence\2014 draft bylaw\140204 cm_rpt_ business licence bylaw review.docx

pg

Attachment 1

City of Vernon

BUSINESS LICENCE BYLAW

#5480

Consolidated for Convenience

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CITY OF VERNON

BUSINESS LICENCE BYLAW NO. 5480

TABLE OF CONTENTS

PART ONE -INTERPRETATION .............................................................................................. 1

PART TWO- DEFINITIONS ...................................................................................................... 2

PART THREE- APPLICATION PROCESS ............................................................................... 7

PART FOUR- LICENCE FEES ................................................................................................. 8

PART FIVE- SPECIFIC LICENCE REQUIREMENTS ........................................................... 10

PART SIX- GENERAL EXEMPTIONS ................................................................................. 12

PART SEVEN- BUSINESS LICENCE TYPES ....................................................................... 12

PART EIGHT- SUSPENSION OF LICENCES ......................................................................... 13

PART NINE- BYLAW VIOLATIONS & PENALTIES ............................................................... 14

PART TEN- APPEAL PROCEDURES .................................................................................... 15

PART ELEVEN- ADOPTION ................................................................................................... 15

Bylaw#5480 ATTACHMENT #1

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CITY OF VERNON

BUSINESS LICENCE BYLAW NO. 5480

CITY OF VERNON

BUSINESS LICENCE

BYLAW NO. 5480

EFFECTIVE DATE-______ _

WHEREAS in accordance with the Community Charter, a municipality may, by bylaw, regulate in relation to business;

AND WHEREAS in accordance with the Community Charter, a municipality may provide for a system of licences;

AND WHEREAS in accordance with the Community Charter, a municipality has additional powers in respect of business regulation.

The Municipal Council of the City of Vernon, in open meeting assembled, enacts as follows:

1. This Bylaw may be cited as the "City of Vernon Business Licence Bylaw No. 5480".

2. This Bylaw shall come into force and effect on the __ day of _____ , 2014.

3. City of Vernon Business Licence Bylaw No. 3272, and all amendments thereto, are repealed effective as of the __ day of , 2014.

PART ONE -INTERPRETATION

1.1 Any act or enactment referred to herein is a reference to an enactment of the Province of British Columbia and regulations thereto , as amended, revised, consolidated, or replaced from time to time, and any bylaw or Council policy referred to herein (as may be cited by short title or otherwise) is a reference to an enactment of the Council of the City of Vernon, as amended, revised, consolidated, or replaced from time to time.

1.2 Unless otherwise defined in this Bylaw, all words and phrases in this Bylaw shall have the meaning given to them in the British Columbia Local Government

Bylaw #5480 ATTACHMENT #1

P12

Act, Interpretation Act or the Community Charter. Unless otherwise stated, and notwithstanding the case used (upper case or lower case), when words or phrases that are defined in Part Two of this Bylaw are used in the body or schedules of this Bylaw, they have the meaning ascribed to them as set out in Part Two.

1.3 Every provision of this Bylaw is independent of all other provisions and if any provision of this Bylaw is declared invalid for any reason by a Court of competent jurisdiction, all other provisions of this Bylaw shall remain valid and enforceable.

1.4 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. Any reference in this Bylaw to a part, section or clause, unless otherwise specified, is a reference to a part, section or clause in this Bylaw.

1.5 Whenever the masculine is used throughout this Bylaw, it shall also mean the feminine; and whenever the singular is used throughout this Bylaw, it shall also mean the plural.

1.6 Nothing in this Bylaw relieves a person from complying with any Federal or Provincial law or regulation, other bylaw or any requirement of any lawful permit, order or licence.

1.7 This Bylaw does not create any duty of care whatsoever on the City, its elected and appointed officials, employees or agents in respect of the issuance of a business licence and/or inspections made by any City department or failure to make an inspection and/or enforcement of this Bylaw.

1.8 Metric units are used for all measurements in this Bylaw.

1.9 All schedules attached to this Bylaw shall form part of this Bylaw.

PART TWO- DEFINITIONS

In this Bylaw, unless the context requires otherwise:

AGENT means any person, who by mutual consent, sells, solicits, offers for sale, or takes orders for, or attempts to sell, goods, services, investments or any other thing , at a place other than his permanent place of business, whether personally or for the benefit of another, including but not limited to a sales representative or a person in care and control of the premise where a business is being conducted.

AMENDMENT FEE means a fee that is to be remitted by the applicant to the Licencing Department upon submitting a revised application for a licence that is amended or changed in any manner including but not limited to transfers of location and changes in business ownership.

2 I Bylaw #5480 ATTACHME~, g1

APPLICANT means any person who applies for a licence or renewal of a licence; under the provisions of this Bylaw, who is the owner of such business, or who is an agent acting on behalf of that owner.

APPLICATION FEE means a non-refundable fee that is to be remitted by the applicant to the Licencing Department upon submitting a written request in the form of an application for a business licence. The application fee is separate from the business licence fee.

BED & BREAKFAST ESTABLISHMENT means any residential building where temporary accommodation for tourists is provided as per the provisions of the City's Zoning Bylaw and where the room rate includes breakfast provided on the premise.

BUSINESS means any person who advertises or indicates by any means as being open for business of any kind or carrying on a commercial, industrial, institutional or public assembly undertaking of any kind or nature or the providing of professional, personal or other services whether or not for gain or profit and however organized or formed, including a co-operative or association of persons, but does not include an activity carried on by the government, its agencies or government owned corporations.

BYLAW COMPLIANCE OFFICER means the officers or employees appointed by City Council as such.

CARE CENTRE, MINOR means a premise licenced as required under the Community Care Facilities Act intended to provide care to children, youth, or adults where not more than thirteen hours of care is provided per day. This includes in home multi age child care for up to eight (8) children, group day care limited for up to sixteen (16) children, child minding for up to sixteen (16) children, preschool for up to fifteen (15) children, out of school care for up to twenty (20) children, and all other care provided under the Community Care Facilities Act for up to eight (8) people including but not limited to special needs day care, emergency child care, and adult day care.

CARE CENTRE, MAJOR means a premise licenced as required under the Community Care Facilities Act intended to provide care to children, youth, or adults where not more than thirteen hours of care is provided per day. This use includes group day care limited for more than sixteen (16) children, child minding for more than sixteen (16) children, preschool for more than fifteen (15) children, out of school care for more than twenty (20) children, and all other care provided under the Community Care Facilities Act for more than eight (8) people including but not limited to special needs day care, emergency child care, and adult day care.

CARRY ON, CARRYING ON, CARRIED ON and CARRIES ON means to conduct, operate, perform, keep, hold, occupy, deal in or use, for a fee or exchange of benefits, whether as principal or agent.

3 I Bylaw #5480 ATTACHME~1 ~1

CHARITABLE SOCIETY OR OGANIZATION means a society or organization which is registered as a charitable society or organization under the Income Tax Act of Canada and is qualified to issue tax receipts to its donors.

CHARITABLE PURPOSE includes a philanthropic, benevolent, educational, health, humane, religious, cultural, artistic or recreational purpose.

CITY means the City of Vernon, a municipal corporation in the Province of British Columbia, and includes the area contained within the boundaries of the City of Vernon where the context requires.

CIRCUS AND CARNIVAL means a secondary use providing a variety of shows, games and amusement rides in which the patrons take part, for a period of less than 14 days and may include, but is not limited to a circus, fair or exhibition.

CONTRACTOR means any person, resident or non resident, who performs any type of construction or building work or service for a fee, except where a Licence fee for a different type of business is imposed elsewhere in this Bylaw.

COUNCIL means the municipal council of the City.

DEVELOPMENT AND BUILDING APPROVALS means the City business unit charged with the control and management of development, development permit applications, building, building applications and inspections.

DWELLING UNIT means a suite as defined in the BC Building Code operated as a housekeeping unit, used or intended to be used by one or more persons and usually containing cooking, eating, living, sleeping and sanitary facilities.

FARMERS MARKET & WINTER MARKET means a temporary or seasonal market for the display and sale of farm produce and products in an open air or indoor venue. These markets must be British Columbia non profit organizations, whether incorporated or not, with at least 6 vendors, that operate for two (2) or more hours per day for a minimum of four (4) markets per year.

FLOOR AREA means the floor area occupied by a business within exterior and demising walls or party walls including interior partitions and other improvements.

FOIPOP means the Freedom of Information and Protection of Privacy Act, and information provided on a business licence may be subject to Freedom of Information and Protection of Privacy Act inquiries.

GROSS LEASABLE FLOOR AREA means the total floor area designed for tenant occupancy on which rent is paid or income produced, and includes basements, mezzanines and upper floors, if any, but excludes underground parking.

HOME BASED OCCUPATION which means a business being carried on within a dwelling or accessory building located in a residential area where the place of

4 I Bylaw #5480 ATTACHME~1 g1

residence is the primary use and the business is the secondary use as defined in the City's Zoning Bylaw.

HORSE DRAWN CARRIAGE means a carriage, wagon, dray or other conveyance or vehicle with a driver and drawn by horses, used primarily for sightseeing or charter porposes, excluding horse drawn vehicles used for special events pursuant to the Horse Drawn Carriage Bylaw.

INTER-COMMUNITY BUSINESS LICENCE means a business licence issued by a participating municipality that is referenced in the City's Inter-Community (Mobile) Business Licence Bylaw.

LICENCE, LICENCED, and LICENCES means a licence or reference to a licence issued under this Bylaw.

LICENCE FEE means those fees attached to licence types which are prescribed in the City's Fees & Charges Bylaw.

LICENCEE means a person holding a valid and subsisting licence.

LICENCING DEPARTMENT means the department of the City that issues business licences under this Bylaw.

LICENCE INSPECTOR means the Manager of Building and Inspections for the City, Bylaw Compliance Officer, Business Licence Counter Clerk or a designate.

LIQUOR CONTROL AND LICENSING ACT means liquor licences issued in accordance with the regulations of the Liquor Control and Licensing Act.

LIQUOR PRIMARY means a business type where the primary business involves the sale of liquor as opposed to food and the business holds a liquor licence pursuant to the regulations of the Liquor Control and Licensing Act.

FOOD PRIMARY means a business type where the primary business involves the sale of food as opposed to liquor and the business holds a liquor licence pursuant to the regulations of the Liquor Control and Licensing Act.

MEDICAL HEALTH OFFICER means the Medical Health Officer duly appointed by the Province of British Columbia.

MOBILE VENDOR means any person who offers for sale and immediate delivery any food, goods, or merchandise from a motor vehicle, temporary structure or display, or stand that is not permanently affixed to real property.

NON PROFIT or NOT FOR PROFIT means a society or organization which is not registered as a charitable society or organization under the Income Tax Act of Canada and is not qualified to issue tax receipts to its donors.

. . . 5 I Bylaw #5480 ATTACHME~1 g1

PAWNBROKER means a business where goods or chattels are taken in pawn as defined in the City's Second Hand Dealers and Pawnbrokers Bylaw.

PEDICAB means a cycle propelled by the foot power of the operator equipped with a carriage capable of carrying no more than two (2) passengers in addition to the operator and without limitation, includes a cycle that is propelled by the foot power of the operator and has motor assist capability.

PERSON means an individual human being or a corporation and includes a partnership, an association or a group of persons acting in concert unless the context explicitly or by necessary implication otherwise requires.

PREMISE(S) means an area of land, including a lot or parcel of land with or without buildings and/or structures including but not limited to a store, office, dwelling unit, warehouse, factory, building, enclosure or other place occupied or capable of being occupied, by any person for the purpose of carrying on any business.

NON RESIDENT means a business, other than a resident business, carried on in the City or with respect to which any work or service is performed in the City, but which does not maintain a permanent residence within the City.

REGIONAL DISTRICT OF THE NORTH OKANAGAN (RDNO)" means the regional district in the Province of British Columbia which includes part of Greater Vernon.

RESIDENT BUSINESS - means a resident business occupying a floor area over 0 and less than 100 square meters.




RESIDENT BUSINESS - means a resident business occupying a floor area greater than 2500 square meters.

ROOM RENTALS- refer to definition for Dwelling Unit.

SEASONAL LICENCE means a business licence that is valid for a six (6) month consecutive period of time in a twelve ( 12) month period.

SECONDARY SUITE means a secondary dwelling unit in a building as defined in the City's Zoning Bylaw, as amended from time to time and the BC Building Code.

6 I Bylaw #5480 ATTACHME~ff1

SECONDHAND DEALER means a person who carries on the business of purchasing, selling, procuring or offering for sale used or second-hand items whether on a wholesale or retail basis, or who operates the premises of a secondhand dealer as defined in the City's Second Hand Dealers and Pawnbrokers Bylaw.

SPECIAL EVENT BUSINESS LICENCE means a business licence involving short term or temporary events with mobile vendors that, except as provided otherwise in this Bylaw, does not exceed fourteen (14) consecutive days in duration. The business licence is applied for by an event coordinator and includes but is not limited to all outdoor events or gatherings or events proposed to use public properties such as parks or roads, including but not limited to airport events, parades, fairs or concerts.

STREET PERFORMANCE AND BUSKING means any person who carries on a business as a street performer or busker pursuant to the City's Street Performance and Busking Policy.

TEMPORARY LICENCE means a business licence that is valid for a limited length of time from one (1) day to thirty (30) consecutive days in a twelve (12) month period.

UNCLASSIFIED means any business for which a licence is required as defined by this Bylaw and includes every person within the City, any profession, business, trade, occupation, employment or calling, not herein before enumerated or who enters into or carries on any contract to perform any work or furnish any material.

VARIABLE SURCHARGE means a fee that is in addition to the licence fee of a business type involving liquor establishments and room rentals pursuant to the Fees and Charges Bylaw.

ZONING BYLAW- means the City's Zoning Bylaw, as amended from time to time.

PART THREE- APPLICATION PROCESS

3.1 Subject to the Local Government Act a business licence is required for every business with respect to any work or service performed in the City whether or not the business is carried on in or from a premise in the City and a person must not carry on any business within the City, unless that person has a valid and subsisting licence pursuant to this Bylaw.

3.2 An application for a licence will not be considered by the Licencing Department unless and until the applicant pays the non-refundable application fee and any other fees, including fees for consultations, approvals

7 I Bylaw #5480 ATTACHME~f ff1

and inspections, required by this or any other bylaw, as specified in the City's Fees and Charges Bylaw.

3.3 Every applicant for a licence must make a true and correct statement in writing on the application form disclosing the nature and character of the business to be carried on, the address of the business and all other facts as required on the application form and such other information as the Licencing Department may reasonably require.

3.4 Every applicant for a license shall conform to the provisions of this Bylaw and any other bylaw, Provincial Statute or Federal Act, applicable to that business and it is the responsibility of the applicant for a licence, not the responsibility of the Licencing Department, to obtain the inspection and approvals required under applicable laws or bylaws.

PART FOUR- LICENCE FEES

4.1 The license fees and variable surcharges shall be as per the City's Fees and Charges Bylaw.

4.2 Council considers registered, charitable societies or organizations to be contributing to the general interest and advantage of the City. Every registered, charitable society or organization is required to hold a valid and subsisting business license under Section 3 and is required to pay the application fee associated with the licence application. However, the production of an approved government non profit or charitable registration number allows the annual business licence fee for the non profit society or charitable organization to be waived.

4.3 The licence period shall be one (1) year, to commence on the first day of January with the exception of street performance and busking, seasonal and temporary licences which will be permitted for a term of six (6) months, one (1) month or one (1) day. All licences expire on December 31, or sooner, in each year.

4.4 The licence fees described in the City's Fees and Charges Bylaw may be reduced pro-rata on a monthly basis provided that such pro-rated fee shall be rounded up to the next $5.00 increment or multiple thereof; and further provided that a minimum fee of $25.00 shall apply. This subsection does not apply to application fees.

4.5 No licence fee paid shall be refundable with the exception of an applicant who receives a licence but does not commence carrying on or operating that business. The applicant shall then be entitled to a refund of all but twenty five (25%) percent of the licence fee upon making written application for a refund to the Licencing Department. This subsection does not apply to application fees.

8 I Bylaw #5480 ATTACHME~T N1

4.6 Where any fees are paid by an applicant and the approvals required pursuant to subsection 3.4 are not obtained within six (6) months of the application date, those fees are forfeited to the City and the application cancelled by the Licencing Department.

4.7 Where a business is carried on from more than one premises the business carried on from each premise requires separate application fees, licence fees and licence.

4.8 Where two or more businesses are carried on from the same home based occupation premises by the same licencee, the licence fee shall be calculated as the full licence fee for the business type attracting the highest licence fee and one half (1/2) of the full licence fee for each of the other business types being carried on pursuant to the Fees & Charges Bylaw. However, in the case of different resident businesses in one building which are operated or owned by the same person and which are accessible to each other through internal doorways without leaving the structure, such businesses shall be considered one premises for the purpose of this Bylaw.

4.9 All fees for business licences are exempt from Provincial and Federal Taxes.

4.10 Where a licence is to be amended or changed in any manner, the holder of that existing licence must apply to amend the licence by completing a revised licence application and the fee payable for the amended licence shall be calculated pursuant to the amendment fees shown in the City's Fees and Charges Bylaw and shall include but not be limited to transfers of location and changes in business ownership.

4.11 Any person who purchases the interest or part of the interest of a business, and who operates a business without first having obtained either the transfer of a licence or a new licence for that business, is in violation of this bylaw.

4.12 Businesses must renew their licence by submitting the required licence fee prior to the beginning of each licence period, regardless of whether a business licence holder has received a renewal invoice or not.

4.13 Businesses that do not renew their licence within six (6) months from January 1 of each year as required by this Bylaw will be considered no longer active and the licence shall be cancelled by the Licencing Department. If this occurs a new application form will be required with the same supporting documentation in the same manner as the application for the first licence for the business and an additional application fee shall be required as set out in the City's Fees and Charges Bylaw.

4.14 In every case where there is a trade, occupation, profession or business practiced by two or more persons in partnership, it shall be deemed a sufficient

9 1 Bylaw #5480 ATTACHME~281

compliance with this bylaw if one licence is applied for and one fee is paid in the name of the partnership.

4.15 Upon the termination or closing of a business, the licencee shall notify the Licencing Department that a business licence is no longer required.

4.16 The licencee or person in charge or control of premises where the business for which the licence is issued is carried on, shall at all times keep the licence or licences prominently displayed in the business area of the premise to which the public have access. For businesses that are not carried on at a fixed location, the business licence must be carried on their person and must be produced when requested for public inspection.

4.17 A licence is not a representation or warranty that the licenced business or the business premise complies with the bylaws of the City or with any other regulations or standards.

4.18 Every building permit holder shall provide a list of all sub-trades engaged on each specific job, on request of the Licencing Department.

PART FIVE- SPECIFIC LICENCE REQUIREMENTS

In addition to meeting the requirements of Part 3 and Part 4, applicants for the following specific categories of licence must satisfy the applicable requirements specified in this Part at the time of application, before a licence will be issued.

5.1 Automobile Dealer (New and Used) - Every automobile dealer (new and used) applicant must provide the Licencing Department with a copy of the Motor Dealer Registration Certificate issued to such applicant by the Province of British Columbia.

5.2 Circus and Carnival - No licence shall be issued to any person for the purpose of holding an exhibition, circus or carnival, using ferris wheels, merry go rounds, or other similar rides being held on City property until such person has filed with the Licencing Department, evidence of obtaining and maintaining a comprehensive general liability policy of insurance in the amount of not less than Five Million Dollars ($5,000,000.00), which holds the City harmless against all claims, actions for bodily injury, death, and property damage including loss of use thereof. The insurance shall name the City as an additional insured; and .

(a) the period for a licence with respect to a circus, horse show, dog show, pony show or exhibition, or other itinerant show or entertainment, elsewhere than in a licenced theatre or licenced place shall be for a period not to exceed fourteen (14) days.

5.3 Horse Drawn Carriage - Every horse drawn carriage applicant must review and comply with the Horse Drawn Carriage Bylaw.

1 0 I Bylaw #5480 ATTACHME~! f1

5.4 Mobile Vendor- Every applicant for a Mobile Vendor's business licence must review and comply with all applicable regulations and policies as established by the City.

5.5 Vehicles for Hire - No person shall operate, or permit to be operated, in the City a commercial passenger vehicle unless such commercial passenger vehicle is duly licenced under the provisions of the British Columbia Passenger Transportation Act and is in possession of a valid and subsisting business . licence issued pursuant to this Bylaw.

5.6 Pedicabs - Every applicant for a pedicab licence must ensure that every pedicab is operated in compliance with the British Columbia Passenger Transportation Act and provide to the City a copy of a current policy for liability insurance, in a form and manner satisfactory to the City, in an amount not less than $5,000,000.00, naming the City as an additional insured, and stating that the policy applies to each insured as if a separate policy has been issued to each.

5.7 Farmers' Market - Every Farmers' Market applicant must obtain a business licence that will cover ALL the vendors participating in the market inclusive of mobile concessions and prior to allowing the sale of any goods, be able to provide evidence that all vendors intending to sell food products have complied with any conditions, restrictions or requirements of the City and the Medical Health Officer; and

(a) must not operate on City lands or premises until the Farmers' Market applicant has provided a certificate of insurance that includes vendors' product liability, in a form and on terms acceptable to the City naming the City as an additional insured.

5.8 Sidewalk Cafes, Displays and Retail Sales - Every applicant for sidewalk cafes, displays or retail sales on City sidewalks must comply with the Sidewalk and Boulevard Area Use Permits Policy as provided by the Licencing Department.

5.9 Secondary Suites - Secondary Suites shall be permitted in accordance with the Zoning Bylaw and all homeowners with secondary suites must obtain and hold a valid and current City business license.

5.10 Special Events - Unless otherwise provided for herein, every person desirous of holding a special event where there will be mobile vendors shall obtain a licence prior to holding the special event; and

(a) A licence for each mobile vendor at a special event is not required if the person coordinating the special event holds a valid business licence for the mobile vendors for that special event; and

(b) The applicant for a licence for a special event being held on City property shall submit, along with the business licence application, written authorization from the City to hold the special event on City

11 I Bylaw #5480 ATTACHME~!~1

property with confirmation of acceptable comprehensive insurance coverage reflecting the City as an additional insured;

5.11 Street Performers and Buskers - Every applicant for a Street Performer's and Busking licence must comply with the City's Street Performance & Busking Policy as provided by the Licencing Department.

5.12 Vending on City Streets - Subject to the Local Government Act, a person must not canvass or solicit business on any street or from anyone in the City.

PART SIX -GENERAL EXEMPTIONS

6.1 Notwithstanding Subsection 3.1, a licence is not required for a business carried on by the City, Government of the Province of British Columbia or Government of Canada or a Crown Corporation created by either Government. However, a person who contracts with any of the Governments, persons or organizations designated in this subsection will be subject to all the requirements of this Bylaw.

6.2 No licence is required with respect to a performance, concert, exhibition, entertainment or concession that is held in a licenced theatre or other licenced premise, excluding the businesses mentioned in subsection 5.2.

6.3 No licence is required for owners or operators of taxi cabs who only discharge passengers in the City.

6.4 No licence is required for the business of letting or renting rooms if not more than two (2) rooms are available for letting or renting excluding Bed and Breakfast establishments and Secondary Suites.

6.5 No licence is required for the business of daycare or senior care if not more than two (2) persons are being supervised or cared for at any given time.

6.6 No licence is required for garage/yard sales when held on residential premises and such sales shall only be permitted two (2) sale days per year per residence and two (2) sale days per year per building in multiple family areas.

PART SEVEN -BUSINESS LICENCE USE TYPES

7.1 Contractor- short form is (CON)

7.2 Farmers' Markets- short form is (MAR)

7.3 Home Based Occupation- short form is (HBO)

7.4 Non-Resident- short form is (NR)

12 I Bylaw #5480

7.5 Resident Business - short form is (RB1)

7.6 Resident Business - short form is (RB2)

7.7 Resident Business- short form is (RB3)



7.10 Room Rentals - short form is (RR)

7.11 Seasonal Licence - short is (SL)

7.12 Secondary Suites - short form is (55)

7.13 Temporary Licence- short form is (TL)

7.14 Unclassified - short form is (UN)

7.15 Variable Surcharge - short form is (VS) and (RR)

PART EIGHT- SUSPENSION OF LICENCES

8.1 Subject to the Local Government Act, Council may suspend or revoke a licence issued under the provisions of this bylaw or refuse to grant the request of an applicant under this bylaw if an applicant:

(a) is convicted of an offence indictable in Canada;

(b) is convicted of any offence under any Municipal Bylaw or Statute of the Province in respect of the business for which he is licenced or with respect to the premises named in his licence;

(c) has, in the opinion of Council, been guilty of such gross misconduct in respect of the business or in or with respect to the premises named in his licnece that it warrants the suspension of his licence;

(d) has ceased to meet the lawful requirements to carry on the business for which he is licenced or with respect to the premises named in the licence;

(e) has, in the opinion of Council , conducted his business in a manner, performed a service in a manner, or sold, offered for sale, displayed for sale or distributed to a person actually or apparently under the age of 16 years any thing, that may be harmful or dangerous to the health or safety of a person actually or apparently under the age of 16 years;

13 1 Bylaw #5480 ATTACHME~~.f1

8.2 The suspension of a licence by Council shall be made, in writing, signed by the Licence Inspector and served on the person holding such licence or delivered to the holder of such licence by registered mail to the address given by the Licencee on the application for the licence. A notice of suspension of licence may be posted by the Licence Inspector upon the premises for which the licence was issued and such notice shall not be removed until the licence is reinstated, the former Licencee ceases to occupy the premises, or a new business other than the one carried on by the former Licencee is started in the premises. The Licence Inspector may also pick up any licence held by the Licencee during such period of suspension.

8.3 Council may revoke a licence for reasonable cause after giving notice to the Licencee and after giving him an opportunity to be heard.

PART NINE- BYLAW VIOLATIONS AND PENAL TIES

9.1 The Licencing Department or Bylaw Officer may enforce the provisions of this Bylaw and issue ticket information upon a person or a business for a violation of this bylaw.

9.2 Licence Inspectors and Bylaw Officers are hereby authorized to enter at all reasonable times on any property that is subject to the regulations of this Bylaw, in order to ascertain whether such regulations or directions as contained in this Bylaw are being met or observed.

9.3 No person may obstruct a bylaw officer or licence inspector in the fulfillment of their duties.

9.4 This Bylaw may be enforced by means of a municipal ticket or bylaw notice in the forms prescribed for those purposes in the Community Charter and Bylaw Notice Enforcement Act. Designated offences, bylaw enforcement officers, fines, fine reductions or surcharges are as set out within City's Municipal Ticket Information Bylaw and Bylaw Notice Enforcement Bylaw.

9.5 Every person who:

(a) contravenes any of the provisions of this Bylaw; or

(b) causes or permits or allows any act or thing to be done in contravention of violation of any of the provisions of this Bylaw; or

(c) neglects or refrains from doing anything required to be done by any of the provisions of this Bylaw,

is guilty of an offence and upon conviction shall be liable to a fine and penalty of not less than Five Hundred Dollars ($500.00) and not more than Ten Thousand Dollars ($1 0,000.00), and to the cost of prosecution, and to imprisonment for a term not more than 6 months. Each day such offence continues is deemed to

14 I Bylaw #5480

constitute a separate offence and separate fines, each not exceeding the maximum fine for that offence, may be imposed for each day or part thereof in respect of which the offence occurs or continues.

9.6 In addition to penalties set out in section 9.5, a court may also make orders in accordance with section 263.1 of the Community Charter, as amended.

9.7 Nothing in this bylaw limits the City from utilizing any other remedy that would otherwise be available to the City at law, including remedies available through prosecution or civil remedies, including injunction.

PART TEN: APPEAL PROCEDURES

10.1 Any person whose licence has been suspended, cancelled or revoked under subsection 8.1 of this bylaw may appeal in writing to Council, and upon such appeal, Council may confirm or set aside such suspension on such terms as it may think fit.

PART ELEVEN: ADOPTION

11.1 This Bylaw may be cited as "City of Vernon Business Licence Bylaw Number 5480, 2014" upon adoption of this Bylaw.

READ A FIRST TIME this day of

READ A SECOND TIME this day

READ A THIRD TIME this day of

ADOPTED this day of

Mayor City Clerk:

15 I Bylaw #5480

Attachment 2

14. BUSINESS LICENCES- TYPES OF BUSINESSES FEES

a. Application Fee - Resident Business $100 per application Home Occupation $ 50 per application Non Resident $ 25 per application

b. Amendment Fee (includes but is not limited to $25 per application transfer of location, change of ownership)

c. CON - Contractors - Resident or Non Resident $125 per year

d. MAR- Farmers' Market (indoor or outdoor) $525 per year

e. HBO - Home Occupation $90 per year f ..... NR - Non Resident $125 per year h ..... RB1 -Resident Business (0-1 00 sq meters) $115 per year i. RB 2- Resident Business (101-300 sq meters) $135 per year j. RB3- Resident Business (301-600 sq meters) $275 per year k ..... RB 4- Resident Business (601-2500 sq meters) $350 per year I. RB 5- Resident Business (over 2500 sq meters) $800 per year m. RR- Room Rentals up to 25 units $115 per year n. 55 - Secondary Suites $ 60 per year 0. SE - Special Events $ 50 per day p. SL - Seasonal Licence $ 75 for 6 months q. TL- Temporary Licence $ 50 for 30 days

r. VS -Variable Surcharges Added to the Licence Fee:

i) Liquor Primary and Food Primary with Liquor: VS1-100 sq meters $ 50 VS2-1 01-300 sq meters $ 75 VS3-301-600 sq meters $100 V54-601-2500 sq meters $125 VS5-0ver 2600 sq meters $150

ii) Room Rentals RR1-25 to 50 units $50 RR2-51 to 100 units $75 RR3-0ver 100 units $100

P27

Attachment 3

WORK FLOW NEW APPLICATIONS

New applications may include a number of tasks, such as:

• Planning for review of land use and zoning

• Building Inspection for changes in occupancy, alterations and renovations

• Fire Department for enforcement of the Fire Services Act

• Interior Health Authority for approval of food preparation premises

• Policing (and Bylaw Enforcement) for enforcement of the Medical Marijuana regulations

(MMPR) soon to come into effect

WORK FLOW EXISTING BUSINESSES

• Fire Department for the enforcement of the Fire Services Act

• Police (includes Bylaw Enforcement)

P28

""'C N co

No of No of Inter- Total

Year Community BL Licences 2005 199 1886

2006 240 2034

2007 285 2358

2008 349 2655

2009 430 3117

2010 406 3176

2011 433 3279

2012 406 3244

2013 416 3240

new and renewed licences stats receivable trial balance 2013 Stats n-r-c Report by year

BUSINESS LICENCE DATA FOR CITY OF VERNON No of

Resident No of Non Contractors Resident

Inter-Community Total BL with NO Business BL Revenues Revenues icmbl Licences

25,200 $384,080

75,584 $408,929

102,245 $423,076

111 ,530 433,943

110,970 442,311

450,146

452,968

448,515 247 327

No of Home No of Based Commercial No of New Businesses Businesses Licences Closed

346

603

579

484

469 443

762 1500 502 416

736 1450 606 484

675 1482 453 442

------ ~ --

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KELOWNA

WHITE ROCK

PORT MOODY

CRANBROOK

CAMPBELL RIVER

KAMLOOPS

PITIMEADOWS

CHILLIWACK

MISSION

PENTICTON

WEST KELOWNA

VERNON PROPOSED

BENCHMARK MUNICIPALITIES COMPARISON TABLE FOR BUSINESS LICENCE BYLAW REVIEW

Sales Commercial Gas Stations Auto Dealer Financial (Banks, Trust) Circus (per day)

Recreation

$155.69 per yr $140.94 to $127.51 per yr New= $247 Used $704.76 to $1409.52 $212.10 per day

$169.14 per yr = $127.51 per yr per yr by# of

emolovees $150 $150- $320 $150 $150 320 + $25 per $210

employee- $2,000

$120 $240-$460 $240-$460 $240-$460 $240- $2,315 $120

$150 $150 $150 $150 $150 $150

$150 $150 $150 $150 $150 $150

$146 $161.40 $161.40 $217.40 $161.40-$1,199.40 $11.20/ride

$5.60/vendor

$138 $160 + .40 per m2 $160 + .40 per $160 + .40 per $750 $105

m2 m2

$100 $100 +.50 per m2 $100 + .25 per $100 + .25 per $100 + .25 per m2

m2 m2

$148 $148 $148 $148 $148 $148

$165 $165 $165 $165 $165 $165

$85- $110 $85-$110 $85- $110 $85- $110 $85- $110 $85-$110

$90 $115-$800 $115-$275 $115-$350 $115-$800 $50

Casino

$510 per yr

$2,000

$2,315

$150

$150

$25.60/slot-$3,000

$160 + .40 per m2

$100 plus .50 per m2

$148

$165

$85-$110

$800 )> --D) 0 ::::::i

3 ct) ~ -0'1

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I<ELOWNA

WHITE ROCK

PORT MOODY

CRANBROOI<

CAMPBELL RIVER

KAMLOOPS

PITIMEADOWS

CHILLIWACK

MISSION

PENTICTON

WEST I<ELOWNA

VERNON !PROPOSED

BENCHMARI< MUNICIPALITIES COMPARISON TABLE FOR BUSINESS LICENCE BYLAW REVIEW

Hair Salon Contractor Restaurants Pub, Nightclub Manufacture, Parking lot Pawn

liquor Retail, Wholesale,

Establishments Warehousing $28.43 pp $127.51 yr $71.16- $155.69 $243.51 yr per $140.94 to $28.43 for 4 $510 yr

$159.50- $639.22 100m $1,127.79 (by sq spaces> 4 yr meters) spaces $71.16

"r

$105 $150 150-$2,000 $2,000 150-$320 $105 150$320

$120 $240 $240- $2,315 $350- $2,315 $240- $2,315 $120 $240-$350

$150 $150 $150 $150 $150 $150 $150

$150 $150 $150 $150 $150 $150 $150

$67.20- $123.60 -$246.00 $112.40- $196.40 $146- $617.20 $111-$1,189 1-15 = $67.20 $301.80 l$196.40 >15- S88 $48 + $15 per $80- $138 $160 + .40 per m2 $160 + .40 per $160 + .40 per m2 $160 + .40 per chair m2 m2 $100 + .25 per $100 $100 + .50 per m2 $1,000 $100 +.25m2 $100 +.25m2 m2 $148 $148 $148 $148 $148 $148 $148

$165 $165 $165 $165 $165 $165 $165

$85- $110 $85- $110 $85- $110 $85-$110 $85-$110 $85- $110 $85- $110

$115-$275 $125 $165-$375 $375-$950 $115-$800 $115 $115-$275

Professional,

Realtor, Broker

$140.94 to $1,127.61 (#of

employees)

$320 + $25 per employee

$240

$150

$150

$111-$123

$138

$100 +.25m2

$148

$165

$85-$110

$115-$350

""C w N .

I<ELOWNA

WHITE ROCK

PORT MOODY

CRANBROOK

CAMPBELL RIVER

KAMLOOPS

PITIMEADOWS

CHILLIWACK

MISSION

PENTICTON

WEST KELOWNA

VERNON PROPOSED

BENCHMARK MUNICIPAliTIES COMPARISON TABLE FOR BUSINESS liCENCE BYLAW REVIEW

Rooms for Rent ·Special Trade Show Unclassified Home Music, Temporary Seasonal Event Based Dance Licence Licence

Schools

Min Fee $27.50 or $34.90 per $84.44 per $127.51 year $34.90 to $49.66 yr

Per Unit for day merchant or $127.51 yr

Hotel/Motel max

$5 .03/Apt $1688.75 $8.37 /Suites in Res

$8.47 /Room House

$5.03/B&B $27.50

$40 per unit $105 $400 $105 $105 $105

$120- $2,315 120 p day 120 p day $120 $120 $120

$150 $150 $150 $150 $150 $150 $75 $75

$150 $150 $150 $150 $150 $150

Min Fee $67.20 or $67.20- $67.20- $196.40 $67.20-$90 $67.20 $36.50-$5 .60 per unit $458.60 $458.60 $448.40 $138 to 100 m2 + $105 $105 $138 $48-$138 $157 $69 .40 per m2

$100 plus $2 per $100 $100 +.50 1/2 annual 1/2 annual unit per .m2 fee fee

$148 $148 $148 $148 $148 $148

$165 + $2 per unit $165 $165 $165 $165 . $165 $80

$85- $110 $85-110 $85- $110 $85-$110 $85-$110 $85-$110 $42.50

$115-$215 $50 $50 $115 $90 $115 $50 $75

Secondary Farmers Suite Market, Flea,

Trade or Craft Fairs

Non Profit=

$520/yr/Profit =

$1,560.60/yr

Craft Fairs $16.88 per

merchant to

max of $337.75

$40 $400

$120

$211.80

$50 $105

$148 $148

$165 $400-$1000

$85-$110 $85- $110

$60 $525

"1J w w

Row Labels Count of Range 0-100 424

101-300 587

2500 + 30

301-600 209

601-2500 137

Grand Total 1387

700

600

500

400 -

300 -

200 r---

100 1-

0

0-100 101-300

435 X $115 = $50,025 over 0 and less than 100 square meters


209 X $275 = $57,475 for over 300 and less than 600 square meters


30 X $800 = $24,000 greater than 2500 square meters

300 Resident Contractors X $125

400 Non Resident Licences X $125

400 Inter-Community Licences X $150

475 Home Based Businesses X $90

Application Fees 400 X $50

Amendment Fees 200 X $25

Total

2500 +

$50,025

$79,380

$57,475

$47,950

$24,000

$37,500

$50,000

60,000

$42,750

$20,000

$5,000

301-600

1' 1 601-2500

TOTAL= $258,830.00

TOTAL= $485.580.00

• Total

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the corporation of the city of vernon … corporation of the city of vernon minutes of a committee...

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