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HomeMy WebLinkAboutFCS-16-009 - Comprehensive Business Licensing Review - Scope of Project REPORT TO: Finance and Corporate Services DATE OF MEETING: February 8, 2016 SUBMITTED BY: Christine Tarling, Director of Legislated Services & City Clerk, 519-741-2200, ext. 7809 PREPARED BY: Tanya Daniels, Manager of Licensing, 519-741-2200, ext. 7854 WARD(S) INVOLVED: All DATE OF REPORT: January 18, 2016 REPORT NO.: FCS-16-009 SUBJECT: Comprehensive Business Licensing Review – Scope of Review ___________________________________________________________________________ RECOMMENDATION: That the project scope of the Comprehensive Business Licensing Review, as outlined in staff report FCS-16-009, be approved. BACKGROUND: TheMunicipal Act, 2001 provides municipal councils with the authority to license, regulate and govern any business, wholly or partly carried out within its boundaries. Business licensing has been a municipal mandate in the Province of Ontario for over 20 years and is practiced by many Municipalities. The public interest associated with licensing and regulating businesses within a municipality relates to the following three major areas: 1. Health and safety of the municipality, which includes workers, customers, and visitors; 2. Consumer protection; and, 3. Nuisance Control. In other words, by licensing and regulating businesses, the City endeavours to reasonably ensure, on behalf of the community, that businesses are safe, free from criminal influence, and integrated properly into the community. A licensing program allows the Municipality to regulate business activities within its boundaries with respect to where they can operate and also by requiring certain inspections, standards, conditions and supporting documentation (e.g., Valid Insurance coverage) to ensure businesses are operating responsibly and in the best interest of the community. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. 2 - 1 The City of Kitchener’s current licensing program is comprehensive, comprised of 36 Municipal Code Chapters and the annual administration of over 2500 licences across nearly 100 different categories. In 2005 the Business Licensing fees were reviewed and a fee calculation was implemented for all types of businesses. While some of the licensing chapters have had small updates within those years, the program itself has not been reviewed in over 10 years. During this time the needs of the community have changed, internal processes have improved, and legislation changes have occurred. As part of the 2016 Council-approved business plan, Licensing staff have committed to completing a comprehensive review of the Business Licensing Program. As directed by Council, Licensing staff is submitting for review and approval, a scope of project report. REPORT: The following 8 areas represent the scope of the planned review of the City’s business licensing program: 1. Purpose of the Business Licensing Review To undertake a full review of business licensing processes to ensure a customer- focused approach, to make better use of existing technologies and to implement industry best practices. This will include a review and update to the licensing by-law to provide greater clarity, along with a review and update of relevant fees as appropriate. 2. Study Area Technologies available to business licensing to improve customer service,; Council Policies related to business licensing; 36 Municipal Code Chapters related to business licensing; 2 Business licensing bylaws; Municipal Code Chapters and Bylaws impacting business licensing (e.g., Zoning By Law); Standard Operating Practices within the Licensing section; Review of cost-recover and fee model options; Relevant regulatory changes impacting business licensing; and Comparator municipality research. 3. Guiding Principles Design a sustainable business licensing program that meets the needs of the community while drawing on principles of customer service, efficient city services, and meets the guiding ideals of health and safety protection of the city, consumer protection and nuisance control; 2 - 2 Ensure a customer-focused approach which results in reduced “red tape” and increased value to the customer; Exploit the use of technology to improve the customer experience and increase operating efficiency; Promote collaboration among all sectors (Government, Private, non- profit, residents) as a key to success; Create bylaws that are clear, understandable, enforceable, and meet legislative requirements; and, Establish a Business Licence fee structure for all categories that will reflect an appropriate level of cost-recovery along with the enhanced service levels and efficient processes established within the new licencing program. 4. Project Lead The review is to be led by the Manager of Licensing. 5. Stakeholder Consultation The following stakeholder groups or individuals will be consulted as part of the review: Current business licence holders; External partners including Kitchener Downtown Business Improvement Area and Belmont Business Improvement Area; The Economic Development Advisory Committee; The City’s Joint Enforcement Review Team comprising internal members of Bylaw Enforcement, Fire, Building, Planning, Licensing, Security, and external members at Waterloo Regional Police Services, Waterloo Regional Public Health, and K-W Humane Society; Other internal partners including: Legal Services, Finance, Operations, Information Technology; and, Comparator municipality research to include: Waterloo, London, Barrie, Cambridge, Guelph, and Brantford based on their similar size and/or proximity to Kitchener. 6. Review Engagement Tactics Consultation and information sharing for the business licensing review will use the following methods: Survey to current licensees and stakeholders; Public notices; Information circulations to Kitchener Downtown BIA and Belmont BIA; Website updates and bulletins on a dedicated Business Licensing review webpage; Social Media updates including Facebook, Twitter; and Information sharing and collaboration meetings with internal and external partners as outlined above. 2 - 3 7. Items to Address in Review For greater clarity, the following will be addressed in the review: Review the overall layout of all Business Licensing bylaws looking to incorporate best practices, improve accessibility and create a more customer-friendly model; Address housekeeping changes to improve language consistency, avoid unnecessary duplication, improved readability and reflect current administrative practices; Review fees for market comparison, structure, appropriate level of cost-recovery and implementation across the licensing types; Review available technology resources and future technology implementations – optimize the use of existing technology where possible; Look to remove redundant practices, inspections, and processes within the Licensing program; Review and improve inter-departmental customer service and communication processes where necessary; and, Review access to information supported within the business licensing process including public notices, website information and updates, and currently licensed listings. Overview of Review Timeline and Deliverables Phase Item TimelineDeliverables Comprehensive Business Scoping January – February 2016 Licensing Review – Scope of 1 Review report presented to Council Research Draft bylaw and municipal code amendments This will include background 2 February to April 2016 research on legislation, Draft recommendations for practices, policies, fees, and improvements to practices and stakeholder engagement policies Consultation materials provided to stakeholders 3 Stakeholder Engagement March to June 2016 Stakeholder input is summarized and incorporated into recommendations Presentation to August Strategic Session of Council Development of revised August 2016 4 Comprehensive Business bylaws, practices, and policies Licensing Review report including proposed bylaws, fees, policies and practice details 2 - 4 Updated public information, Implementation of new September 2016 to implementation of new 5licensing program and January 2017 technology,, approaches and fee legislation schedule ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN: Strategic Priority: Effective and Efficient City Services Strategy: 5.2 Improve the design and delivery of city services so that they provide what citizens want in the most reliable, convenient and cost-effective way. Strategic Action: # 116 Comprehensive Review of Business Licensing; and # 122 Online Business Licensing FINANCIAL IMPLICATIONS: None – This review will be completed by City staff. Any disbursements associated with the review (e.g., public notices, etc.) will be minor and will be funded within the approved operating budget. COMMUNITY ENGAGEMENT: INFORM – This report has been posted to the City’s website with the agenda in advance of the council / committee meeting. CONSULT – There will be extensive stakeholder consultation associated with this review as outlined in sections 5 and 6 above. CONCLUSION: The Licensing team is dedicated to providing a business licensing program that meets the needs of the community as well as provides efficient, reliable and understandable service to licensees. This comprehensive review will be the starting point for a renewed Business Licensing program that achieves the strategic goals supported within the review and where stakeholders have had an opportunity to provide input into the program that directly affects them. ACKNOWLEDGED BY: Dan Chapman, Deputy CAO 2 - 5