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IMPORTANT NOTICE
Town of Cochrane
OFFICE CONSOLIDATION
This document is consolidated into a single publication for the
convenience of users. The official Bylaw and all amendments thereto
are available from the Legislative Services Manager and should be
consulted in interpreting and applying this Bylaw. In case of any
dispute, the original Bylaw must be consulted.
For easy reference, the amending Bylaw Numbers are listed with a
brief description.
Printed by the Manager of Legislative Services by the authority
of Town Council
Town of Cochrane
Business License Bylaw 22/2018
Office Consolidation
Office Consolidated Version dated December 12, 2022
Bylaw 22/2018 Town of Cochrane/Page 2 of 21
TOWN OF COCHRANE
Bylaw 22/2018
Being a bylaw of the Town of Cochrane in the Province of Alberta, Canada for the
purpose of establishing regulations for the licensing of Businesses.
WHEREAS:
Pursuant to the provisions of the Municipal Government Act,
RSA 2000, C. M-26 and amendments thereto, Council may pass
a Bylaw for the purpose of controlling and regulating
Businesses, Business activities and persons engaged in
Business;
WHEREAS:
Council deems it necessary to license Businesses within the
Town of Cochrane;
WHEREAS:
Council deems it necessary to repeal and replace the existing
Business Licence Bylaw 10/2009;
NOW THEREFORE: Council of the Town of Cochrane in the Province of Alberta,
duly assembled, enacts as follows:
Title
1.
This Bylaw may be cited as the "Business Licence Bylaw".
Definitions
2.
In this Bylaw, the following words shall have the meanings given herein.
When not inconsistent with the context, words used in the present tense
include the past and future; words in the plural include the singular; words in
the singular include the plural. The word "shall" is always mandatory, and not
discretionary.
(a)
"Applicant" means a person who applies for a Business Licence, a
renewal of a Business Licence, or a transfer of a Business Licence.
(b)
"Application" means a written application for a Business Licence, a
renewal of a Business Licence, or a transfer of a Business Licence.
(c)
"Business" means a commercial, merchandising or industrial activity or
undertaking a profession, trade, occupation, calling or employment or
Bylaw 22/2018 Town of Cochrane/Page 3 of 21
an activity providing goods or services, however organized or formed,
including a co-operative or association of persons.
(d)
"Business Licence" and/or "Licence" means a licence issued pursuant
to this Bylaw.
(e)
"Business Premises" means any store, office, warehouse, yard or other
place used for the purpose of Carrying On a Business as may be
permitted as a use within the Town of Cochrane Land Use Bylaw as
may be amended and or replaced from time to time.
(f)
"Business Registry" and/or "Registry" means the list of all licensed
Businesses Carrying On Business within the Town.
(g)
"Buskers" and/or "Street Entertainers" means the act of performing in
public places for gratuities.
(h)
"Bylaw Ticket" means a Town-issued notice that alleges an offence and
provides a person with the opportunity to pay an amount to the Town
in lieu of prosecution for the offence.
(i)
"Carry On" means operate, perform, keep, hold, occupy, deal in, use,
or continue.
(j)
"Charitable or Non-Profit Organization" is as defined under the Income
Tax Act.
(k)
"Council" means the duly elected Municipal Council for the Town of
Cochrane in the Province of Alberta.
(l)
"Dwelling Unit" means a development as defined in the Town of
Cochrane Land Use Bylaw as may be amended and or replaced from
time to time.
(m)
"Event" means an activity occurring in the Town which is open to and
intended to attract the general public, including but not restricted to a
festival, public show, exhibition, trade show, or commercial
performance.
(n)
"Hawker" and/or "Peddler" means any person who, whether as
principal or agent:
(i)
goes from house to house selling or offering for sale any
merchandise or service, or both, to any person and who is not a
wholesale or retail dealer in that merchandise or service;
(ii)
offers or exposes for sale to any person by means of samples,
patterns, cuts or blueprints, merchandise or a service, or both,
to be afterward delivered in and shipped into the Town.
(o)
"Licensee" means the holder of a valid and subsisting Business Licence
issued pursuant to the provisions of this Bylaw.
(p)
"Minor" means any Person under the age of 18. (26/2018)
Bylaw 22/2018 Town of Cochrane/Page 4 of 21
(q)
"Mobile Vendor" means any person who from a motor vehicle, trailer,
cart, cycle, or mobile vending apparatus sells or offers for sale goods,
merchandise or services.
(r)
"Non-Resident Business" means a Business that is not based within the
Town, but chooses to conduct Business within the Town.
(s)
"Non-Resident Mobile Vendor" means a Mobile Vendor that does not
have a Business, home-based or otherwise, for the purpose of
operating the Mobile Vendor Business within the Town.
(t)
"Peace Officer" means a person engaged by the Town as a Community
Peace Officer, a Bylaw Enforcement Officer, or a member of the Royal
Canadian Mounted Police to carry out the provisions of this Bylaw.
(u)
"Resident Business" means a Business that is based within the Town.
(v)
"Resident Mobile Vendor" means a Mobile Vendor that has a home-
based or otherwise, Business for the purpose of operating the Mobile
Vendor Business, located within the Town.
(w)
"Senior Manager" means the person appointed as the Senior Manager,
Development Services or designate.
(x)
"Short Term Rental" is the use of a residential property for temporary
accommodation of 30 days or less for compensation, in a dwelling unit
or portion of a dwelling unit. (18/2022) RES #178/10/22
(y)
"Show Home" shall have the meaning as provided for by the Town of
Cochrane Land Use Bylaw as may be amended and or replaced from
time to time.
(z)
"Store Premise" means a development contained within a building for
the sale and offering of goods and services to the public.
(aa)
"Town" means the Municipal Corporation of the Town of Cochrane in
the Province of Alberta, and or the area contained within the municipal
boundaries of the Town of Cochrane, as the context may require.
(bb)
"Vendor" means a person or company offering something for gain or
profit within an Event.
(cc)
"Violation Ticket" means a ticket issued pursuant to the Provincial
Offences Procedures Act.
Business Classification
3.
For the purposes of this Bylaw, the following further definitions shall apply for
classifying Business type:
(a)
Home-Based Business
Bylaw 22/2018 Town of Cochrane/Page 5 of 21
A Business as defined and provided for by the Town of Cochrane Land
Use Bylaw as may be amended and or replaced from time to time, and
generally Carried On as a secondary use of a dwelling unit and/or its
accessory buildings, by one of the permanent residents of the dwelling
unit.
(b)
Retail Business
A Business where goods, wares, merchandise, substances, articles, or
things are stored, offered, or kept for sale at retail prices and includes
storage on or about the Store Premise of limited quantities of such
goods, wares, merchandise, substances, articles or things.
(c)
Commercial Business
(i)
A Business which acquires goods and services to be used in the
production of further products or services for sale or rental to
other Businesses.
(ii)
A Business primarily engaged in providing goods and services
more to the Business community than to the public.
(iii)
Businesses that are governed under Provincial, or Federal
Statutes/Trade Acts.
(d)
Industrial Business
(i)
A Business primarily engaged in operations, which provides
products directly from primary resources or which
manufactures/assembles semi-finished goods, products or
services.
(ii)
A Business that requires exterior storage space for primary
resources or manufactured goods.
General Licensing Provisions
4.
The provisions in this Section 4 shall apply to all Businesses located in the
Town, regardless of their Classification, or such other specific provisions as
provided for in Section 5 and Section 6 of this Bylaw.
(a)
An Applicant shall make application on a form supplied by the Town,
furnishing all information as the form shall require and any additional
information as may be required.
(b)
No person shall carry on any Business transaction, conduct any work,
or provide services within the Town without first being licensed to do
so, and having paid the fees as prescribed in Schedule "A" to this
Bylaw.
(c)
A Business shall not be required to be licensed if:
(i)
The Business is carried on or operated by the Town or at a
location operated by an official or employee of the Town acting
Bylaw 22/2018 Town of Cochrane/Page 6 of 21
on behalf of the Town in his/her capacity as such official or
employee.
(ii)
The Business is carried on by the Government of the Province of
Alberta, or Canada.
(iii)
Any statute of the Province of Alberta or Canada exempts such
Business or person from the requirements of municipal
licensing.
(iv)
The Business is a Charitable or Non-Profit Organization.
(v)
Any other Business exempted through or by order of Council.
(vi)
Where required, the Town is in receipt of a completed Statutory
Declaration stating that the Business is no longer operating in
the Town of Cochrane.
(vii)
The Business is a day home service provider that is registered
with a provincially approved Day Home Agency that is licensed
through the Town.
(viii)
The Business carries on its activity at the Farmers' Market which
is operated by an organization that is registered with the
Farmers' Market Association.
(ix)
The Business is one of shipping or distribution of retail,
commercial or industrial materials, goods or equipment.
(x)
The Business is a Non-Resident Business with its operations
limited to the participation in an Event.
(xi)
The business is operated by a Minor. (26/2018)
(d)
Notwithstanding that a Business Licence has been issued under the
provisions of this Bylaw, no person shall possess shark fin products for
the purpose of consumption, sale or distribution.
(e)
Notwithstanding that a Business Licence has been issued under the
provisions of this Bylaw, such Licence does not authorize or permit the
Licensee to carry on a Business or any activities related to such
Business, contrary to the provisions of any applicable Federal,
Provincial or Municipal statutes, regulations or bylaws.
(f)
All Businesses operating within the Town shall comply with the Alberta
Fire Code and have a completed fire inspection prior to operating.
Such fire inspection must remain in place at all times while Carrying
On Business in the Town.
(g)
Any advertising of Businesses, trades or occupations shall be deemed
to be prima facie proof of the carrying on or operating of such a
Business, trade or occupation.
Bylaw 22/2018 Town of Cochrane/Page 7 of 21
(h)
No Business Licences shall be issued or renewed unless written
confirmation is provided in a form acceptable to the Town that all
Federal and Provincial licensing requirements have been met. This
includes, but is not limited to inspections and approvals related to the
preparation or sale of foodstuffs.
(i)
The annual Business Licence certificate issued pursuant to this Bylaw
shall be posted in a conspicuous place on the Business Premises of the
Licensee, so as to be clearly visible to the public. For those Businesses
that are not carried on at a fixed location, the Licence must be:
(i)
Carried on the person of the Licensee.
(ii)
Carried in or on the vehicle or apparatus from which such
Business is conducted.
(iii)
Be shown to a Peace Officer or members of the public upon
demand.
(j)
A subsisting Business Licence issued under this Bylaw shall not be
transferred from one person to another, or from one location to
another, or to another Business except upon:
(i)
an Application being made to the Town;
(ii)
the Applicant furnishing evidence of a transfer or assignment of
the interests of the existing Licensee or of the location of the
Business;
(iii)
the Applicant complying with the provisions of this Bylaw; and
(iv)
the Application being approved by the Town.
(k)
Any Business opting for a three (3) or six (6) month term Licence, as
per the approved fees in Schedule "A", will be entitled to a consecutive
three (3) or six (6) month period of Licensing. In the event the
Business continues to operate beyond the period of Licensing, a new
Application is required.
(l)
An Event Licence is issued for operating an Event within the Town. An
Event Licence is not required if the Business is already licensed in
accordance with this Bylaw.
(m)
Should the North American Industry Classification Code of a Business
change as a result of a change in the nature or scope of the Business,
the existing Business Licence shall be considered null and void and a
new Licence must be applied for within thirty (30) days of the notice of
change of classification code.
Bylaw 22/2018 Town of Cochrane/Page 8 of 21
(n)
Businesses no longer requiring a Business Licence, pursuant to this
Bylaw, are required to complete and sign a Statutory Declaration
provided by the Town within thirty (30) days of termination of the
Business.
(o)
All Licences issued pursuant to this Bylaw remain the property of the
Town.
Short Term Rental General Regulations (18/2022) RES #178/10/22
5.
Notwithstanding any other provisions of this Bylaw, the following shall apply
to Short Term Rentals Carrying on Business within the Town.
a) A fire inspection is required for all short-term rentals.
b) A host cannot rent a room that does not have one or more egress
windows.
c) A host cannot allow more than two adults, not including minors, per
room.
d) A host cannot allow overlapping bookings of two or more bookings for the
dwelling at the same time.
e) A host cannot rent out separate rooms to separate guests under separate
reservations but can rent out multiple rooms as part of one guest
reservation.
f) A host must include the business licence number in any advertising for the
short-term rental.
g) A host must post the name, phone number and email of any emergency
contact who can be reached 24 hours a day.
Hawkers and Peddlers
6.
Notwithstanding any other provisions of this Bylaw, the following shall apply
to Hawkers and Peddlers Carrying on Business within the Town.
(a)
No person shall carry on Business as a Hawker or Peddler in public
parks within the Town until an Event Permit has been obtained
and is submitted with the Business Licence Application.
(b)
No person shall Carry on, or engage in the Business of a Hawker or
Peddler on public property within the Town unless and until such
person has been issued a Business Licence pursuant to this Bylaw.
Bylaw 22/2018 Town of Cochrane/Page 9 of 21
(c)
A Hawker or Peddler may carry on Business on a sidewalk at any
location, except for the following:
(i)
Within three (3) meters of a building or car park entrance or
exit.
(ii)
Within ten (10) meters of an intersection as defined in the
Traffic Safety Act.
(iii)
Within three (3) meters of a back alley, or lane.
(iv)
Where the location of a Hawker or Peddler does not leave a
minimum pedestrian passageway of two and one-half (2.5)
meters between the closest of the Hawker or Peddler and the
curb or building.
(v)
Where the sidewalk is less than three and one-half (3.5) meters
wide.
(vi)
Where the Hawker or Peddler obstructs a transit zone, fire
hydrant, driveway, loading zone, emergency access or stand
pipes.
(vii)
Within twenty-five (25) meters of the property line of any
residential development.
(d)
No Hawkers or Peddler shall Carry on Business on any public road.
(e)
Hawkers or Peddlers shall be permitted to operate on any privately
owned property within the Town, provided that a letter of permission
for the property owner has been obtained and submitted to the Town.
Mobile Vendors
7.
Notwithstanding any other provisions of this Bylaw, the following shall apply
to Mobile Vendors Carrying on Business within the Town.
(a)
The Mobile Vendor Business must be clean, well-lit and aesthetically
pleasing as determined at the discretion of the Town.
(b)
The Mobile Vendor shall supply its own power and water source.
Generators are permitted providing they do not cause a disturbance,
as determined in accordance with the Town of Cochrane Noise Control
Bylaw as may be amended and or replaced from time to time.
(c)
Overhead canopies, doors or appurtenances shall not obstruct or
hinder pedestrian or vehicular traffic.
(d)
Mobile Vendors shall at all times operate with the service side facing
toward a sidewalk or equally suitable safe location for patrons.
Bylaw 22/2018 Town of Cochrane/Page 10 of 21
(e)
Placement of any furniture associated with the Mobile Vendor is
prohibited. This does not include waste and recycling receptacles.
(f)
On-street storage of any apparatus associated with a Mobile Vendor
Business is prohibited.
(g)
Storage of apparatus associated with a Mobile Vendor Business is
permitted on a residential driveway between May 1 and October 20,
provided that the operator of the Business has a home-based Business
permit for the residence in accordance with the Town of Cochrane
Land Use Bylaw as may be amended and or replaced from time to
time.
(h)
Operations of a Mobile Vendor shall be conducted in a manner that
does not restrict or interfere with the ingress or egress of any adjacent
property or constitute an obstruction to the access or movement of
emergency or Town operations vehicles.
(i)
Mobile Vendors shall not create any disturbance or nuisance, including
but not limited to noise, vibration, smoke, dust, odour, air pollution,
heat, glare, bright lights, hazardous or unacceptable waste that
encroaches onto private property, public streets, public spaces, or
which may be a distraction for motorists or pedestrians.
(j)
Mobile Vendors may operate on-street with a minimum setback of:
(i)
Twenty-five (25) meters (measured from the nearest edge of
the Mobile Vendor apparatus, to the edge of the building
footprint) from an existing, permanent Retail, Commercial or
Industrial Business that manufactures, sells or repairs similar
products, or provides similar services.
(ii)
One Hundred (100) meters from any primary or secondary
school site without the express written permission from the
school administration obtained and submitted to the Town prior
to Carrying on Business at the school site.
(iii)
One Hundred Fifty (150) meters from an Event without the
express written permission from the Event organizer obtained
and submitted to the Town prior to Carrying on Business at the
location.
(iv)
Ten (10) meters from any intersection, crosswalk, stop line or
public transit stop.
(k)
Mobile Vendors operating on-street shall be subject to the following
additional restrictions:
(i)
Mobile Vendors shall not operate within 1.5 meters of alleys or
driveways.
Bylaw 22/2018 Town of Cochrane/Page 11 of 21
(ii)
Mobile Vendors shall not operate within 5 meters of a fire
hydrant.
(iii)
Mobile Vendors shall not obstruct or block loading zones.
(iv)
Mobile Vendors shall not operate in angle parking stalls, nose-in
parking stalls, or loading zones at any time.
(v)
Mobile Vendors shall not operate within residential land use
districts as identified within the Town of Cochrane Land Use
Bylaw as may be amended and or replaced from time to time,
except for instances where the following apply:
(1)
during an Event where the express written permission of
the Event organizer has been obtained and submitted to
the Town prior to Carrying on Business at the Event
(2)
the Mobile Vendor is a Business that operates solely for
the sale of ice cream in a form intended for individual
consumption and the Vendor is not stopped for longer
than three (3) minutes at a time.
(l)
Mobile Vendors may operate on Town Land locations as prescribed in
Schedule "B" to this Bylaw.
Non-Resident Mobile Vendors
8.
Notwithstanding any other provisions contained in this Bylaw, Non-Resident
Mobile Vendor shall not operate in the Town without the following
requirements having first been met:
(a)
The Non-Resident Mobile Vendor must obtain a Non-Resident Business
Licence to conduct Business within the Town of Cochrane.
(b)
A Non-Resident Mobile Vendor operating for an Event, must obtain
written permission from the organizer and does not require a Business
Licence to attend and operate for the duration of the Event.
(c)
A Non-Resident Mobile Vendor operating for an Event must, in addition
provide the following:
(i)
Alberta Health Services Approval (Food Handing Permit) if
applicable to the service provided.
(ii)
Fire Inspection Approval, if applicable.
Buskers and Street Entertainers
9.
Notwithstanding any other provisions of this Bylaw, the following shall apply
to Buskers and Street Entertainers Carrying on Business within the Town
Bylaw 22/2018 Town of Cochrane/Page 12 of 21
(a)
No person shall commence to, or carry on or engage in, the Business
of Busker or Street Entertainer on public property within the Town
unless and until such person is the holder of a Business Licence
pursuant to this Bylaw.
(b)
Buskers and Street Entertainers are permitted in Town public areas
only.
(c)
Maximum performance time is one (1) hour per location.
(d)
No sound amplification is permitted to be used.
(e)
No high risk or acts deemed to be dangerous are permitted.
(f)
All performances must be suitable for a general family audience rating.
(g)
Busking and Street Entertaining at Events is subject to obtaining
written permission from the Event organizer.
(h)
No Busking or Street Entertaining is permitted where either the
performer(s) and/or the audience gathered to view the performer(s) is
blocking pedestrian and or vehicle traffic.
Business Licence Fees
10.
(a)
Where a Business, subject to being licensed, is carried on or intended
to be carried on in more than one premise, separate licences shall be
required in respect to each premise and a separate fee shall be paid.
(b)
Two (2) or more Businesses, owned by the same natural person and
located in the same premises, shall be considered as one (1) Business
for the purposes of this Bylaw; however, if the Business activities are
different, the Business classification with the higher licence fee shall
apply, and the Businesses shall be listed separately in the Business
Registry.
(c)
Any Business which commences Business or operations after January 1
in a calendar year and has not previously been in operation in that
calendar year, shall pay the appropriate Business Licence fee, as per
the fees set out in Schedule "A" of this Bylaw. New licences issued
after January 31 shall pay a pro-rated fee calculated for the remaining
months in the current year.
(d)
The Town may issue a licence after October 1 of any calendar year for
one fourth the annual fee as per the fees set out in Schedule "A" of
this Bylaw, provided the Business applying for the licence has not been
operating within the limits of the Town prior to October 1.
(e)
Renewal of a licence is required for each subsequent calendar year,
with fees due no later than January 31.
Bylaw 22/2018 Town of Cochrane/Page 13 of 21
(f)
Invoices for Business Licence fees not paid prior to February 1 will be
levied a flat rate penalty of thirty ($30.00) dollars on February 1 which
will form part of the total fees owing.
(g)
Once a Business Licence has been issued, Business Licence Fees are
not refundable.
Inspections
11.
(a)
Subject to the entry notice provisions contained within the Municipal
Government Act, R.S.A 2000 c. M-26, a Designated Officer and or a
Peace Officer of the Town, may enter a premise to conduct an
inspection in order to determine whether or not this Bylaw is being
complied with.
(b)
The Senior Manager is authorized to take the necessary steps to
initiate legal proceedings to enforce this Bylaw, by way of injunction or
otherwise, against any Business, when such action is deemed required.
Enforcement
12.
(a)
Where a person or Business is found to be in contravention of any of
the provisions of this Bylaw, a Peace Officer may issue a compliance
warning and make recommendations to the Senior Manager to
temporarily suspend the Business Licence until such time as the
contravention(s) have been rectified.
(b)
Where a Business has been licensed pursuant to this Bylaw, the Senior
Manager may revoke or suspend the Business Licence and initiate legal
proceedings to enforce this Bylaw by way of injunction or otherwise
against the Business if, in his/her opinion, the requirements of this
Bylaw have not been complied with.
(c)
Notice of revocation of the Business Licence and the recommended
enforcement procedure shall be given to the Licensee by means of
personal service or by ordinary mail at the address shown on the
Application for Licensing.
(d)
Where a Business Licence has been suspended, or revoked by the
Senior Manager, a person may not operate until a new Business
Licence is issued or obtained.
Bylaw 22/2018 Town of Cochrane/Page 14 of 21
Appeals
13.
(a)
An applicant may appeal the category of Business and the applicable
fee assigned to a Business.
(b)
Where an Application has been refused, or a licence has been revoked
or suspended, the Applicant or Licensee may appeal the decision to the
Town Council within ten (10) Business days of receipt of notice of such
refusal, revocation or suspension. All appeals shall be made in writing,
accompanied by the applicable Appeal Fee as set out in Schedule "A"
and addressed to the Senior Manager.
(c)
Upon receipt of an appeal, the Senior Manager shall forthwith place
the appeal upon the agenda of the Council at which time the appeal
shall be heard. Accompanying such appeal shall be a written report of
the Senior Manager advising as to the reasons for refusal of any
application for a licence or the revocation of any licence.
(d)
At the hearing of the appeal, Council may review the written
submissions of the appellant, the Senior Manager and of any other
persons the Council deems has the right to speak, or may hear such
submissions verbally.
(e)
Within ten (10) days of the completion of the hearing, the Council may
do one or more of the following:
(i)
Direct that the Business be added to the Business Registry.
(ii)
Confirm the refusal, revocation or suspension of a Business
Licence.
(iii) Reinstate the revoked licence.
(iv) Remove or vary the suspension.
(v)
Establish the category of Business and/or its applicable licensing
fee.
(f)
Fifty percent (50%) of the appeal fee shall be refunded to the
appellant should the appeal be successful.
General Penalty Provisions
14.
(a)
Any person who contravenes any provision of this Bylaw:
(i)
by doing any act or thing that is prohibited under the terms of
this Bylaw;
(ii)
by failing to do any act or thing that is required to be done under
the terms of this Bylaw;
is guilty of an offence and the Town can utilize whatever means
deemed appropriate to effect collection of the applicable penalties.
Bylaw 22/2018 Town of Cochrane/Page 15 of 21
(b)
Any person who is convicted of an offence pursuant to this Bylaw is
liable on summary conviction to a fine not exceeding ten thousand
dollars ($10,000) and in default of payment of any fine imposed, to
imprisonment for not more than one (1) year.
Violation Tickets and Penalties
15.
(a)
Where a Peace Officer believes that a person has contravened any
provision of this Bylaw, they may commence proceedings by issuing a
Violation Ticket in accordance with the provisions of the Provincial
Offences Procedure Act, R.S.A. 2000, c P-34.
(b)
Notwithstanding Subsection 13 (b), a Peace Officer may issue, by
personal service or regular mail, a Bylaw Ticket, in a form as approved
by the Town, to any person alleged to have contravened any provision
of this Bylaw.
(c)
The penalty in lieu of prosecution payable in respect of a contravention
of this Bylaw, to be indicated on any such Bylaw Ticket issued, is the
amount provided for in Schedule "C" of this Bylaw.
(d)
A person who has been issued a Bylaw Ticket in respect of a
contravention of a provision of this Bylaw, and who has fully paid to
the Town the penalty as indicated within the time allowed for payment,
shall not be liable to prosecution for the subject contravention.
(e)
The specified penalty payable in respect of a contravention of a
provision of this Bylaw is the amount shown in Schedule "C" of this
Bylaw in respect of that provision.
(f)
The minimum penalty payable in respect of a contravention of a
provision of this Bylaw is the amount shown in Schedule "C" of this
Bylaw in respect of that provision.
(g)
Notwithstanding Subsection 14(e):
(i)
where any person has been in contravention of the same
provision of this Bylaw twice within one (1) twelve (12) month
period, the specified penalty payable in respect of the second
offence is double the amount shown in Schedule "C" of this Bylaw
in respect of that provision; and
(ii)
where any person has been in contravention of the same
provision of this Bylaw three (3) or more times within one (1)
twelve (12) month period, the specified penalty payable in
respect of the third or subsequent offence is triple the amount
shown in Schedule "C" of this Bylaw in respect of that provision.
Bylaw 22/2018 Town of Cochrane/Page 16 of 21
(h)
Notwithstanding Subsection 14(f):
(i)
where any person has been in contravention of the same
provision of this Bylaw twice within one (1) twelve (12) month
period, the minimum penalty payable in respect of the second
offence is double the amount shown in Schedule "C" of this Bylaw
in respect of that provision; and
(ii)
where any person has been in contravention of the same
provision of this Bylaw three (3) or more times within one (1)
twelve (12) month period, the minimum penalty payable in
respect of the third (3) or subsequent offence is triple the amount
shown in Schedule "C" of this Bylaw in respect of that provision.
(i)
Where a person is convicted of carrying on a Business without first
being Licensed with the Town, or without payment of the necessary
fee having been made, the Court may direct payment of the applicable
licence fee to the Town in addition to the fine imposed pursuant to this
Bylaw.
Continuing Offences
16.
In the case of an offence that is of a continuing nature, a
contravention constitutes a separate offence in respect of each day, or
part of a day, on which the offence continues.
Mandatory Court or Information
17.
No provision of this Bylaw shall prevent any Peace Officer from issuing
a Violation Ticket requiring the court appearance of the defendant,
pursuant to the provisions of the Provincial Offences Procedure Act,
R.S.A. 2000, c.P-34, or from laying an information instead of issuing a
Violation Ticket.
Bylaw 22/2018 Town of Cochrane/Page 17 of 21
General
18.
Each 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.
19.
The attached Schedule "A", Schedule "B" and Schedule "C" shall form part of
this Bylaw.
20.
This Bylaw repeals Bylaw 10/2009.
This Bylaw shall come into full force and effect upon the date of third and final
reading.
Read a first time May 14, 2018
Read a second time May 14, 2018
Read a third time May 28, 2018
________________________
Mayor
________________________
Manager, Legislative Services
Bylaw 22/2018 Town of Cochrane/Page 18 of 21
Schedule "A"
Town of Cochrane Bylaw 22/2018
Business Licence Fees
Annual Licence Fees January to December
Cost
Resident
Home Based
Minor
$100.00
Major
$180.00
Retail
$180.00
Business Service
Food and Beverage Service
Retail Trade
Other Services
Commercial and Industrial
$180.00
Accommodation
Agricultural and Related Services
Communication and Other Utility
Construction
Educational Service
Finance and Insurance
Fishing and Trapping
Health and Social Services
Logging and Forestry Industries
Manufacturing
Mining, Quarrying and Oil Well Industries
Real Estate and Insurance Agent
Show Homes
Transportation and Storage
Wholesale Trade
Non-Resident
$340.00
Commercial
Retail
Industrial
Home Based Business
Term Licence Fees
Cost
Resident
3-month term
$60.00
6-month term
$100.00
Non-Resident
3-month term
$110.00
6-month term
$200.00
Bylaw 22/2018 Town of Cochrane/Page 19 of 21
Schedule A - Continued
Event Licences
Cost
1-Day Event
$65.00
2-Day Event
$120.00
3-5 Day Event
$160.00
Buskers and Street Entertainers Licence
Cost
1-Day
$0.00
2-Day
$0.00
3-5 Day
$0.00
Annual
$0.00
Flat Rate Penalty Fee
$30.00
Appeal Fee
$100.00
Business Licence Fees are GST Exempt
Bylaw 22/2018 Town of Cochrane/Page 20 of 21
Schedule "B"
Town of Cochrane Bylaw 22/2018
Town Land
1. Cochrane Ranche Parking Lot
(a) The applicant shall not operate during the hours of operation of the
Farmer's Market.
2. Off Leash Dog Park Parking Lot Adjacent to River Avenue Pedestrian
Bridge
3. Riverfront Park Parking Lot
4. Off Leash Dog Parking Lot by Spray Lakes Sawmills Family Sports Centre
5. Mitford Parking Lot
6. Skateboard Park Parking Lot
7. Town owned property: Block 1 Plan 9410419 (201 Fifth Avenue West)
*(the former Big Hill Leisure Pool & existing Curling Club)
8. Cochrane RancheHouse Parking Lot
(a) The applicant must receive permission from the Facilities Department
of the date and times they plan to operate at the RancheHouse
parking lot to ensure there are no conflicts with private events being
held at the RancheHouse.
Bylaw 22/2018 Town of Cochrane/Page 21 of 21
Schedule "C"
Town of Cochrane Bylaw 22/2018
Business Licence Penalties
PENALTIES
MINIMUM
PENALTY
SPECIFIED
PENALTY
1st offence
$500.00
$750.00
2nd offence (within (12) months)
$1000.00
$1,500.00
3rd offence (within (12) months)
$1,500.00
$2,500.00