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City of Chilliwack Bylaw No. 3100 A bylaw to provide for the

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City of Chilliwack Bylaw No. 3100 A bylaw to provide for the Powered By Docstoc
					                                      City of Chilliwack

                                        Bylaw No. 3100

                      A bylaw to provide for the issuance of Licenses
                         for certain Second Hand Goods Dealers
                  ________________________________________________


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

1.     This bylaw may be cited as “Second Hand Goods Dealers’ Licence Bylaw 2005, No.
       3100”

INTERPRETATION

2.     In this Bylaw:

       “City” means the City of Chilliwack;
       “Council” means the Council of the City of Chilliwack;
       “Licence” means a licence issued pursuant to this Bylaw;
       “RCMP” means the Officer in Charge at the Chilliwack RCMP Detachment and includes
            their designate;
       “Second Hand Goods Dealer” means any person licensed pursuant to the City’s Business
             Licence Bylaw, in force from time to time, to carry on the business of selling,
             purchasing, taking in barter or otherwise dealing in used or second hand goods
             including wares, merchandise, furniture, household goods, auto parts, bicycles or
             any other used article or thing; and,
       “Nexus Dealer” means a Second Hand Goods Dealer who, in the process of complying
             with the Used and Second Hand Goods Regulation Bylaw, in force from time to
             time, conveys information to the RCMP indicating that the Second Hand Goods
             Dealer is involved in transactions concerning stolen goods.

APPLICATION REQUIREMENTS AND APPROVAL PROCESS

3.     The RCMP must inform, in writing, every Second Hand Goods dealer who is also a
       Nexus Dealer.

4.     Every person who is informed that they are a Nexus Dealer under Section 3 of this bylaw,
       must not act as a Second Hand Goods Dealer unless they hold a Licence issued in
       accordance with this Bylaw.

5.     All applications for a Licence shall be made to the City on the application form provided
       by the City.
“Second Hand Goods Dealers’ Licence Bylaw 2005, No. 3100” – Page 2



APPLICATION REQUIREMENTS AND APPROVAL PROCESS (continued)

6.    The fee for the Licence shall be $1,000.00.

7.    The RCMP shall have the authority to approve, suspend, cancel or refuse any Licence
      issued or applied for under this Bylaw.

8.    Upon approval by the RCMP of an application for a Licence, and upon payment of the
      fee, the City shall issue said Licence.

APPEAL PROCESS

9.    An appeal of the refusal, suspension or cancellation of a Licence may be made to Council
      and the decision of Council shall be final.

TERM OF LICENCE

10.   A Licence shall be valid for a period of one year from the date of issuance thereof, but
      may be extended for such further periods, not exceeding one year, as the RCMP may
      determine.

11.   The RCMP may authorize the issuance of a Temporary Licence for a determined period
      of less than one year.

DISPLAY OF LICENCE

12.   Every Nexus Dealer shall at all times display the Licence on their premises.

OFFENCE AND PENALTY

13.   Every person who violates or breaches, or who causes or allows to be violated or
      breached, any of the provisions of this bylaw shall be guilty of an offence against this
      bylaw and each day that such violation is caused or allowed to continue shall constitute a
      separate offence.

14.   Any person guilty of an infraction of this bylaw shall be liable upon summary conviction
      to a fine of not less than $5,000.00 or to imprisonment, or to both a fine and
      imprisonment, not exceeding the maximum allowed by the Offence Act, as amended.

SEVERABILITY

15.   If any portion of this Bylaw is held invalid by a court of competent jurisdiction, then that
      invalid portion shall be severed and the remainder of this Bylaw shall be deemed to have
      been adopted without the severed portion.
“Second Hand Goods Dealers’ Licence Bylaw 2005, No. 3100” – Page 3




Received first reading on the 17th day of January, 2005.
Received second reading on the 17th day of January, 2005.
Received third reading on the 17th day of January, 2005.

NOTICE given under Section 59 of the Community Charter on the 25th day of January, and 1st
day of February, 2005.

Reconsidered, finally passed and adopted on the 21st day of February, 2005.




                                                                  “Clint Hames”
                                                                                      Mayor


                                                               “Robert L. Carnegie”
                                                                                      Clerk

				
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