HomeMy WebLinkAboutOrdinance 85- 1181 Adds 88 5.06.042, 5.06.044, 5.06.055, 5.56.143 and 5.56.146; amends 8 5.06.050, business taxes, licenses and regulations
U3S
ORDINANCE NO. 1181
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, AMENDING SECTION 5.06.050 OF THE BOZEMAN MUNICIPAL CODE
AND ADDING SECTIONS 5.06.042,5.06.044,5.06.055,5.56.143 AND 5.56.146
TO THE BOZEMAN MUNICIPAL CODE, REVISING THE FEE STRUCTURE FOR
BUSINESS LICENSES ISSUED PURSUANT TO THE "MONTANA CARD GAMES
I ACT" OR THE "BINGO AND RAFFLES ACT" AND ESTABLISHING THE FEE
STRUCTURE FOR LICENSES ISSUED PURSUANT TO THE "VIDEO DRAW POKER
MACHINE CONTROL LAW OF 1985;"
PREAMBLE
The purpose of this ordinance is to authorize the use of and establish a fee
schedule for video draw poker machines, to change the fee schedule for
electronic keno machines and to establish an overall aggregate limitation of
five per business location on any combination of video draw poker machines,
electronic keno machines, card games, bingo and keno games and raffles.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN:
Sect ion 1
That Section 5.06.042 be added to the Bozeman Municipal Code to read as follows:
5.06.042 Video Draw Poker Machines.
A. The annual license fee for video draw poker machines under the Video Draw Poker
Machine Control Law of 1,985, as limited in number by Sections 5.56.143 and 5.56.146,
shall be as follows per business location:
1. First poker machine $500 per machine location
2. Second poker machine $500 per machine location
I 3. Third or subsequent poker machine $1,000 per machine location
B. The annual license fee shall be prorated on a monthly basis for the applicants who
apply after July 31 and who were not licensed during the license year immediately
preceding.
Sect ion 2
That Section 5.06.044 be added to the Bozeman Municipal Code to read as follows:
5.06.044 Electronic Keno Machines.
The annual license fee for electronic keno machines under the Bingo and Raffles Law,
as limited in number by Section 5.56.146, shall be as follows per business location:
A. First keno machine $500 per machine location
B. Second keno machine $500 per machine location
C. Third or subsequent keno machine $1,000 per machine location
Sect ion 3
That Section 5.06.050 of the Bozeman Municipal Code be and the same is hereby
amended to read as follows:
I 5.06.050 Ca rd Games.
A. The annual license fee for card game tables for playing bridge, cribbage, hearts,
panguine, pinochle, pitch, rummy, whist, solo and poker when the prize is money or
any item of value, as limited in number by Sections 5.56.146 and 5.56.100, shall be as
follows per business location:
ORDINANCE NO. 1181
U3G
1. First table $ 500.00
2. Second table $ 500.00
3. Third table $ 750.00
4. Fourth table $1,000.00
B. The annual license for card game tables for playing bridge, cribbage, hearts, I
panguine, pinochle, pitch, rummy, whist, solo and poker solely for the amusement of
the players in a business location shall be $50 for each table.
Section 4
That Section 5.06.055 be added to the Bozeman Municipal Code to read as follows:
Section 5.06.055 Bingo, Keno and Raffles.
A. The annual license fee for games of chance under the Bingo and Raffles Law, as
limited in number by Section 5.56.146, shall be as follows per business location:
1. Keno game $500.00
2. Bingo game $250.00
B. The temporary license fee for games of chance under the Bingo and Raffles law, as
limited in number by Section 5.56.140, shall be as follows:
1. Locations licensed $25.00 per business
under Section 5.06.050(A) location.
2. All others $25.00 or five percent I
of the actual prize(s)
to be awarded, whichever
is greater.
Section 5
5.56. 143 Issuance Under Video Draw Poker Machine Control Law of 1985.
Each person seeking to obtain a license for the operation of video draw poker machines
under the Video Draw Poker Machine Control Law of 1985 must I in addition, possess a City
license for the sale of alcoholic beverages for consumption on premises. At no time, however,
shall any business location be licensed to operate more than a total of five video draw poker
machines. Each person desiring a license to operate one or more video draw poker machines
shall pay a fee as set forth in Section 5.06.042. The annual license fee shall be due and
payable on the 30th day of June of each year.
Section 6
That Section 5.56.146 be added to the Bozeman Municipal Code and read as follows:
5.56.146 Overall Limitation of five on the Number of Gambling Games, Devices and Machines
Authorized by Chapter.
The maximum aggregate number of gambling games and machines allowed to exist
simultaneously in one business location under this chapter is five. Failure to comply
with this section will result in revocation of all licenses issued under this chapter.
Section 7
Savings Provision.
This ordinance does not affect rights and duties that matured, penalties that were I
incurred or proceedings that were begun before the effective date of this ordinance.
Section 8
Severability.
I f any provision of this ordinance is declared unconstitutional, or the applicability
ORDINANCE NO. 1181
U37
thereof to any person or circumstances is held invalid, the constitutionality of the remainder
of the ordinance and applicability thereof to other persons and circumstances shall not be
affected thereby.
I PROVISIONALL Y PASSED AND ADOPTED by the City Commission of the City of Bozeman,
Montana I this 28th day of May 1985.
KENNETH L. WEAVER, Mayor
ATTEST:
ROBIN L. SULLIVAN
Clerk of the City Commission
FINALL Y PASSED AND ADOPTED by the City Commission of the City of Bozeman,
Montana, this day of , 1985, and effective thirty days after said
date.
KENNETH L. WEAVER, Mayor
ATTEST:
I CLERK OF THE CITY COMMISSION
ORDINANCE NO. 1181
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, AMENDING SECTION 5.06.050 OF THE BOZEMAN MUNICIPAL CODE
AND ADDING SECTIONS 5.06.042, 5.06.044, 5.06.055, 5.56.143 AND 5.56.146
TO THE BOZEMAN MUNICIPAL CODE, REVISING THE FEE STRUCTURE FOR
BUSINESS LICENSES ISSUED PURSUANT TO THE "MONTANA CARD GAMES
ACT" OR THE "BINGO AND RAFFLES ACT" AND ESTABLISHING THE FEE
STRUCTURE FOR LICENSES ISSUED PURSUANT TO THE "VIDEO DRAW POKER
MACHINE CONTROL LAW OF 1985;"
PREAMBLE
The purpose of this ordinance is to authorize the use of and estab\ish a fee
schedule for video draw poker machines, to change the fee schedule for
electronic keno machines and to establish an overall aggregate \imitation of
seven per business location on any combination of video draw poker machines,
electronic keno machines, card games, bingo and keno games and raffles.
I BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN:
Sect ion 1
That Section 5.06.042 be added to the Bozeman Municipal Code to read as follows:
5.06.042 Video Draw Poker Machines.
A. The annual license fee for video draw poker machines under the Video Draw Poker
ORDINANCE NO. 1181
U38
Machine Control Law of 1985, as limited in number by Sections 5.56.143 and 5.56.146,
shall be as follows per business location:
1. First poker machine $500 per machine location
2. Second poker machine $500 per machine location
3. Third or subsequent poker machine $1,000 per machine location I
B. The annual license fee shall be prorated on a monthly basis for the applicants who
apply after July 31 and who were not licensed during the license year immediately
preceding.
Sect ion 2
That Section 5.06.044 be added to the Bozeman Municipal Code to read as follows:
5.06.044 Electronic Keno Machines.
The annual license fee for electronic keno machines under the Bingo and Raffles Law,
as limited in number by Section 5.56.146, shall be as follows per business location:
A. First keno machine $500 per machine location
B. Second keno machine $500 per machine location
C. Third or subsequent keno machine $1,000 per machine location
Sect ion 3
That Section 5.06.050 of the Bozeman Municipal Code be and the same is hereby
amended to read as follows:
5.06.050 Card Games. I
A. The annual license fee for card game tables for playing bridge, cribbage, hearts,
panguine, pinochle, pitch, rummy, whist, solo and poker when the prize Is money or
any Item of value, as limited in number by Sections 5.56.146 and 5.56.100, in a
business location shall be $1,000 for each table.
B. The annual license for card game tables for playing bridge, cribbage, hearts,
pangulne, pinochle, pitch, rummy, whist, solo and poker solely for the amusement of
the players In a business location shall be $50 for each table.
Sect ion 4
That Section 5.06.055 be added to the Bozeman Municipal Code to read as follows:
Section 5.06.055 Bingo, Keno and Raffles.
A. The annual license fee for games of chance under the Bingo and Raffles Law, as
limited In number by Section 5.56.146, shall be as follows per business location:
1. Keno game $500.00
2. Bingo game $250.00
B. The temporary license fee for games of chance under the Bingo and Raffles law, as I
limited In number by Section 5.56.140, shall be as follows:
1. Locations licensed $25.00 per business
under Section 5.06.050(A) location.
2. All others $25.00 or five percent
of the actual prize(s)
to be awarded, whichever
Is greater.
ORDINANCE NO. 1181
U3;J
Sect ion 5
5.56.143 Issuance Under Video Draw Poker Machine Control Law of 1985.
Each person seeking to obtain a license for the operation of video draw poker machines
under the Video Draw Poker Machine Control Law of 1985 must, in addition, possess a City
I license for the sale of alcoholic beverages for consumption on premises. At no time, however,
shall any business location be licensed to operate more than a total of five video draw poker
machines. Each person desiring a license to operate one or more video draw poker machines
shall pay a fee as set forth in Section 5.06.042. The annual license fee shall be due and
payable on the 30th day of June of each year.
Sect ion 6
That Section 5.56.146 be added to the Bozeman Municipal Code and read as follows:
5.56.146 Overall Limitation of seven on the Number of Gambling Games, Devices and Machines
Authorized by Chapter.
The maximum aggregate number of gambling games and machines allowed to exist
simultaneously in one business location under th is chapter is seven. Failure to comply
with this section will result in revocation of all licenses issued under this chapter.
Section 7
Savings Provision.
I This ordinance does not affect rights and duties that matured, penalties that were
incurred or proceedings that were begun before the effective date of this ordinance.
Sect ion 8
Seve rabi I ity .
If any provision of this ordinance is declared unconstitutional, or the applicability
thereof to any person or circumstances is held invalid, the constitutionality of the remainder
of the ordinance and applicability thereof to other persons and circumstances shall not be
affected thereby.
PROVISIONALL Y PASSED AND ADOPTED by the City Commission of the City of
Bozeman, Montana, this day of , 1985.
KENNETH L. WEAVER, Mayor
I ATTEST:
CLERK OF THE CITY COMMISSION
ORDINANCE NO. 1181
U4U
FINALL Y PASSED AND ADOPTED by the City Commission of the City of Bozeman,
Montana, this 10th day of June 1985, and effective thirty days after said date.
KENNETH L. WEAVER, Mayor I
ATTEST:
ROBIN L. SULLIVAN
Clerk of the City Commission
State of Montana )
County of Gallatin : ss.
City of Bozeman )
I, Robin L. Sullivan, Clerk of the Commission of the City of Bozeman, do hereby
certify that the foregoing Ordinance No. 1181 was published by title and number in the
Bozeman Daily Chronicle, a newspaper of general circulation printed and published in said
City, in the issue dated the 13th day of June 1985, and said proof of such publication is on
file In my office.
IN WITNESS WHEREOF, I hereunto set my hand and affix the corporate seal of my
office this 16th day of July 1985.
Clerk of the City Commission I
I
ORDINANCE NO. 1181