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HomeMy WebLinkAboutOrdinance 87- 1251 Adds §§ 5.06.045, 5.16.050 and 5.16.060; 5.02.030, 5.02.050, 5.02.070, 5.04.010, 5.04.130, 5.06.010, 5.06.030, 5.06.040, 5.06.060,5.16.020, 5.36.060, 5.60.050, 5.60.080, 5.60.110 and 5.60.160 3U8 ORDINANCE NO. 1251 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING ORDINANCE 1117 AND 1123 AS CODIFIED IN TITLE 5 OF THE BOZEMAN MUN ICIPAL CODE, OF THE CITY OF BOZEMAN, MONT ANA. PREAMBLE The purpose of this ordinance is to amend the licensing code of the Bozeman I Municipal Code, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AS FOLLOWS: That the following Sections of the Bozeman Municipal Code be and the same are hereby amended to read as follows: Section 1 That Chapter 5,02,030 of the Bozeman Municipal Code is amended to read as follows: 5,02,030 BUSINESS, GENERAL, All businesses licensed by the City shall be categorized under general business unless otherwise specified in this title, Issuance of a business license is contingent upon a business being in compliance with all applicable zoning, building and fire codes, Any business in violation of life safety requirements may have their business license revoked, if the violations are not resolved within thirty days of notification of the non-compliance, (Effective date: January 1, 1988) Section 2 That Chapter 5,02,050 of the Bozeman Municipal Code is amended to read as follows: 5,02.050 Fi..-GGR--A.aEA SQUARE FOOT AGE, llFffiel"--A-realJ IISquare Footagell means the total number of square feet of floor space within the exterior walls of a bui Iding, ~~~-b6se~-~-aH-otReF-6FeBs-~~~~~tR~~3e 0e1-1"19- +i-cen-gecl- , I Section 3 That Chapter 5,02,070 of the Bozeman Municipal Code is amended to read as follows: 5,02,070 NONPROFIT ORGANIZATION, IINonprofit organizationll means any group which is religious, charitable, social, educational, recreational or scientific which does not contemplate the distribution of pecuniary gains, profit or dividends to the members thereof and that pecuniary profit is not the object of the group, Nonprofit organizations must be certified as tax exempt by the I nternal Revenue Service, Section 4 =r -hat- -GR B pter - 5 79 ~ 7 T r 9 - f9- ~ el"l-ded- -to- -the- -Bttcetfltlft- -Mtt l"I1etpetl- -c""O'cle -to- -read- -a-s- -foH'O'w-s~ S7e~7-t ~e- -- - -- HOME- .(}€-c-tJP.A-"'F K::}N-.- - -tNEW--5-E E:-"FI-GNi - - - - - - _ll Home -eeett pat kffi-1l_1'fte81"l'S- -a- -btts-~""C'01't'd tf't:t ea- f 1'" om- -a-""f'eS-i aence-"'Or'- -a- -t~l"-al"-'y' -l-oca-t-iOI"l wftieft. ~ -Et9""'ftf't --ex tel"l S kffi- -e- f. -g-a-it'.i- -rest eJet'tCe-, - - -1=-R f9- -ea{-ego1"-"f -i-nelttdes- -G-tt t -j-s- -no{- -t iffl i-t-ed- -{-t>- -the foHow-iI"l-g--serv1e-e-s~--~J.d-~s-V~,-flI"lt'lneiBf-""C01'TS-~I-taftt-s-,--et)5fftet-ie-~r-!!',-ReBf-t-h ffieeJ - v~,- -t-f>Y" -vel"l a't>1"-s, - ftea.f tR - e B Fe - f'tI"ttd-uet- -vertdo FS,. - R6ffle- ""C-ffl-ft~- t'lro -ea{-eref'5-, Section 5 That Chapter 5,04,010 is amended to the Bozeman Municipal Code to read as follows: 5.04,010 LICENSE REQUIRED, A, Pursuant to the provisions of Title 7, Chapter 21, Pa rts 41 and 42, MCA, no person, firm, association or corporation shall conduct, operate, transact, engage in or carryon any industry, trade, pursuit, profession, vocation or business within the city I without first applying for and obtaining a license therefor from the city, as herein provided, B, A sole proprietor or an independent agent conducting a business fffiffl in a residence with no employees or agents, providing it is located in a valid zoning district, shall be exempt from the provisions of this title, Section 6 That Chapter 5,04,130 is amended to the Bozeman Municipal Code to read as follows: 5,04,130 TRANSFER OF LOCATION, When a business is moved from one location to another the license for such business shall be transferred to the new location, ::r -he- -lteel"l ~e - ~RflH- -Hie- ~ -new - a f"'P'I i-ea-t-i 0 1"1- t'l-n-d- -6-ef'o ~ i+-tfie ORDINANCE NO, 1251 31U Reces"5tl1"y- -t-f'il1't5-f-er-.f ee- B ~ -1" e€1tH 1" e e- +1"1- €: -ttep-te-1"- -5- ,-Q6-, A business which transfers location shall give written notice to the city's licensing clerk within thirty days prior to the proposed transfer, specifying the new address and the type of business which will be conducted at the new location, Section 7 That Chapter 5,06,010 of the Bozeman Municipal Code is amended to read as follows: 5.06.010 GENERAL BUSINESS LICENSE FEE - G-R-BUf> SQUARE FOOTAGE, I ~*l-M8M-fMA*l-Mt:}M , A:-, - - - - - Fftf'- pt.tr'PO'5e3" -('tf. -es-t"ftb-lf3"~ i-ftg -bttst 1"le5"5- +ieen-3e- ~ - -tH I- -b"t:t ~ i-f:te3'~, -tt 1"I+e~ -('ttflel""wf3e spee+R~41"l-t"f3"-e"Bp1el"/-~"tl+r~~tl"5"5+ft~4I"1to-~-~.~~,-f+r~~-Hr~al"lee ~t~-t~e-~eRtkM-~~-~tl+~l""v~~tt~-a~~tttHI"I~41"l-~~1"I-5~9~~939~ 8-, A, For purposes of establishing business license fees, all businesses, unless otherwise specified in this chapter, shall be based on the square footage of the business being licensed in consideration of the special services specified in Section 5,04,030, f:-, B, The following fo-l"fflt.tIBS categories determined by square footage shall be used to establish the annual license fee of all businesses classified in Section 5,06,010: +~-----~-r.~fH~y-~~~4~~al""e-~~~~Hd+1"I9-i+l"I-t~ott"5tl~~; r~- -- - -~-I+,--tweftty-Hve- -doHal""g.-t-jf'fteg--9'CtttB l"e- ffi6.t6ge -tl'f. -b-ttHffll"l9"" -{41"l t-" Ott"5tlft'd-g-~; 3~-----~-HH,-t~;r~HBI"~-t~~tttl~.footage-o~-btt+kH~~fr-t~~t~ ~~-----~-rV/-~~tee1"l-~~~~~al""e-~~~~Ha+1"I9-i+R-t"Ott"5tl~~, E~~~~-----~-r-b-tt~~~-w+~-a-~~-s~~~~B9e-~-t"l"ee-t~ott"5~~~ "~~-e~"ty---t~~~HBl"~-t~~-}~~~tttl+~-tl'l"Ie-"~~-seveft{~~fa~, Less than 2,000 square feet - fi fty dolla rs 2,001 to 4,000 square feet - seventy five dollars 4,001 to 6,000 square feet - one hundred dollars 6,001 to 8,000 square feet - one hundred and twenty-five dollars 8,001 to 10,000 square feet - one hundred and fift dolla rs I 10,001 to 15,000 square eet - two hundred 01 ars 15,001 to 20,000 square feet - two hundred and fifty dollars 20,001 to 30,000 sq ua re feet - three hundred dollars 30,001 to 40,000 square feet - three hundred and fifty dollars 40,001 to 60,000 sq ua re feet - four hundred dollars 60,001 and greater sq ua re feet - four hundred and fifty dollars &,- - - - - A:- -rni-n-iffH::tfl'l- ef ffll""ty - ft.fty - e1eHtl"f"'s-"'ftft("./- -a -m'B~ ffiUffl-O f 01"le- .fOtt1"- fl.t.tftd l"ed ~~t y- ~ l-a-r-s j-g- -es-t"ftb-l+~"ea-.fo 1" - B H- -btt911'l'eS'S- -t icertse -fee5- -1j'~tng- -tfte -f'-onll ttfa -Hr ~-h-i"5- "5ect ior-t , Section 8 That Chapter 5,06,030 of the Bozeman Municipa I Code is amended as follows: 5,06,030 BUILDING CONTRACTOR, The license fee for all building contractors as defined in Section 5,02,010 shall be Of\-e l'tt:.tnclrea-aml-B-r-s--per--year as follows: 1-3 full-time employees $ 75,00; 4-8 full-time employees $100,00; 9 or more full-Umeemployees $150,00, Full-time employees are persons employed by the business, including owners, managers, active partners, agents, and all persons hired by, or working for, the business, In the case of part-time employees, the number of full-time equivalent employees will be determined by dividing the total number of hours worked by all part-time employees by 2080, Section 9 That Chapter 5.06,040 of the Bozeman Municipal Code is amended as follows: I 5,06,040 ELECTRON I C GAMES - AMUSEMENT, The license fee for all electronic games or any mechanical device operated for the sole purpose of amusement of the patrons shall be ~~teel"'l twenty dollars per machine or device per year, Section 1 0 That Chapter 5,06,045 is added to the Bozeman Municipal Code to read as follows: 5,06,045 MACH I NES DEPICTI NG SEXUAL ACTIVITY, (NEW SECTION) The license fee for machines depicting sexual activity shall be one hundred dollars per machine per year. ORDINANCE NO, 1251 311 Section 11 That Chapter 5,06,060 of the Bozeman Municipal Code is amended as follows: 5,06,060 GOING OUT OF BUSINESS, The license fee for (1) going-out-of-business sales; (2 ) relocation of business sale; and (3) fire and other altered stock sale shall be ef'te-fl-ttftel"ee-fi-fty--doHars seventy-five dollars, Section 12 I That Chapter 5,06,080 of the Bozeman Municipal Code is amended as follows: 5,06.080 ITINERANT VENDORS, The license fee for each itinerant vendor as defined in Section 3.H.e~e 5,16,020 shall be fif-t'y'-.d'OHa-r~-pe""-fli-rtety-eB'y'S as follows: 1 to 5 consecutive days $125,00 over 90 consecutive days $350,00 Section 13 That Chapter 5,06,170 of the Bozeman Municipal Code is amended as follows: 5.06.170 MISCELLANEOUS BUSINESSES NOT INCLUDED IN SECTION 5,06,010 OR OTHERWISE CLASSIFIED BY THIS CHAPTER, The license fee for miscellaneous businesses not included in Section 5,06.010, or otherwise classified by this chapter, shall be as follows: A, Auctioneers, efle-ftt.tftell"eo-1wen-ty-fi\fe seventy-five dolla rs per year; B, Carnivals, street fairs, tent shows and the like either within the corporate limits or within three miles of the corporate limits: single tent shows one hundred twenty-five dollars per day, Each additional show, game, concession and miscellaneous riding device, ten dollars per day. Parades, fifty dollars per day in addition; C. Circuses, menageries, wi Id animal shows and the like, dog and pony shows, rodeos, and all exhibitions and entertainment of a similar character whe.ther in the open or under canvas either within the corporate I imits or within three mi les of the corporate I limits: first ring, three hundred fifty dollars per day; each additional ring, one hundred twenty-five dollars per day, Parades, one hundred fifty dollars per day in addition; 9-.-- - - - E>em6-fl~ trat-i'Ofl"S- '"'Of"""' ~ib1-t i61"t~ -e.... -afl '1- -aft iele; - +R'tp'i ement-,- -u'l:en-s-i+.,""'9 eee"5-; - ~, ~ '"'Of"""' -n=terenfl flffl5 e- ef -an '1- ok"; nfl--,- -f"f)1"- 1fte- -ptt1"'p6'~ -ef -eehfe l" ti-s-i fig- '"'Of"""' -se-I Hn-g- --th-e- -9iIffl e Bfly-~-aee-~-tft+fI-tne-eel"~1e-H~-t~~-fif-t'y'-ekH~-pe....-yeal"~ E_;D, Fortune tellers, astrologers, clairvoyants, ft'6f'6Se-ept~~, pa Imists, phrenologists, itinerant medical practitioners, hypnotists, mediums, readers of past or future by whatsoever name called, sixty dollars per day; F_; E . Hotels, motels, lodging or rooming houses: 1 to 15 rooms $50,00 per year, More than 15 rooms $50,00 plus $5,00 per room over 15 per year; G-,F, Packing or slaughter houses either within the corporate limits or within three miles - of the corporate limits, one hundred fifty dollars per year; H-,G, Rai Iroads, three hundred fifty dollars per year; - f-, H, Skating rinks, ice or roller, one hundred fifty dollars per year; - :hl. Theaters, one hundred fifty dollars per year per theater whether attached or not. K-,J, Tourist parks, seventy-five dollars per year; - bK, ::r -r"B"iter- -eottrt-3- -tmebHe--h6ffle-eetl1"-t~~ -efle- 1e- fj-Heen-floo+ttt~~ ~-3e\fen-ty-f+Ve-ettt~ - fflfJf'e- -t-httn- -fi fteett -n eek~;- -ofte' -n t:H"ld-recl- tw efl-t 'y'-fi-ve -eeH'61""5_; 1 T r a i Ie r co u r t s, mob i Ie home courts, and residential rental units are hereby excluded from licensing requirements under this title, I 5.e6.fae------::r~A~FE~~EE_; .J!ir -t1"Bf'l"S"fer-- fee -e f -tw e fl1 y-fi-ve -deH'61"5- SfltH f- -aeeoffl f3i\fty" -t-he- --t"le'W- 'Bppl-ieaHon- -t-e- 1 t" fll"l"5f et" - a btts11"l~"5- f l"effi- -one- -1-oe'B-t i61"t -to- ""81'l'6"tflel"" . Section 14 That Chapter 5,06,200 of the Bozeman Municipal Code is amended to read as follows: 5,06,200 DELINQUENT CHARGE, When an application is declared delinquent as provided in Section 5,04,100, a delinquent charge of ten percent of the annual license fee per month, et"-f3i\ft-tnet"eef, the application remains delinquent, shall be due and payable along with the annual license fee, ORDINANCE NO, 1251 31') <.- Section 15 That Chapter 5.06,210 of the Bozeman Municipal Code is amended to read as follows: 5,06,210 BOND REQUIRED, When a bond is required by this title, the following shall apply: A, No license shall be issued until the applicant has placed on file with the director of finance a surety bond executed by a surety company duly licensed to do business in Montana conditioned that the licensee shall fully comply with the terms of this title and I shall pay any and all judgments which may be obtained against it or him on the part of any person arising out of such operation of the performance, or breach, of any contract entered into by the licensee, The bond shall remain in effect for the period of tme--yea-r six months from the expiration date of the license issued or until all judgments arising out of any legal action instituted within the Ofle--yea-r six month period and covered by the bond have been fully satisfied and paid, whichever occurs last. B, Bonds reEluired above shall be in the following sums: 1. Itinerant vendors $599 $5,000; r.-----~~~-~~~8H-~aflt~--------------------~-------5,ge97 3.-----~~~-~~e-~~------------------------5,gee7 2, Junk shops 5,000; 3 . Boi lerroom operations 10,000, Note: A certified check, a cashier's check or cash may be substituted for the surety bond required in this section. A personal check shall not be accepted. Section 16 ~-ha-t--GI'lB !'"tel" -5. e 6-:::r 39-i-g--a-dded_1o- tl'l e-~afl-Mt.trtteij5ftt -€-ode- -to--1"eftti- -as- -f-O+~: 5.e6.r39------~M~{}€~4d~~~~------------f~-5~+~~) -------~~~+eefl~e-fee-~~~~e~ofl~-~-~+fled-+fI-5~1~-&~~~~~~~,-~ABH-~~~~ de+ J.e.r.s- -per- -yea I"- , Section 17 That Chapter 5 ,16,010 of the Bozeman Municipal Code is amended to read as follows: 5,16.020 DEFINITIONS, I Any person engaged or employed in the business of retailing to consumers by going from consumer, either on the streets or to their places of residence or employment, and there soliciting, selling or offering to sell, or exhibiting for sale, by sample, by catalogue or otherwise, or taking orders for future delivery of any goods, wares or merchandise, or for services to be performed in the future, is within the meaning of this chapter, an "itinerant vendor", A "consumer" is one who purchases, uses, maintains and disposes of products and services, Itinerant vendors include but are not limited to: transient wholesale merchants, transient retai I merchants, and hucksters, Section 18 That Chapter 5,16,050 of the Bozeman Municipal Code is amended to read as follows: 5,16,050 EXCEPTIONS, (SECTION WAS RENUMBERED) The provisions of this chapter do not apply to: A, A rancher, farmer or gardener selling his own products; B, A trucker operating for hire tl1'l'de1---ttft-M-RG-HeeftSe and not buying or selling any produce, Section 19 That Chapter 5,16,060 of the Bozeman Municipal Code is amended to read as follows: 5, 16.060 INSPECTION OF AGRICULTURE PRODUCTS. (SECTION WAS RENUMBERED) Whenever any person applies for a license, as required in this chapter, for the sale of natural products of the ranch, farm, orchard, vineyard or garden, as defined in Section I 5.20.020, which have been or are brought into the city for sale from outside the state, such person shall exhibit and show to the director of finance a certificate of inspection of such products by the Department of Agriculture of the state, or the Commissioner thereof, setting forth that the natural products have been inspected by such officer upon entering the state, as required by the laws of the state, and no license shall be issued until such inspection has been made and certificate issued, ORDINANCE NO. 1251 313 Sect ion 20 That Chapter 5.36,060 of the Bozeman Municipal Code is amended to read as follows: 5.36,060 f>A+kY-WEEKL Y REPORTS TO POLICE, Every person licensed under the provisions of this chapter shall ~t:tbmH: deliver a elaHy weekly report to the chief of police, prior to Friday twelve noon, giving an accurate and correct account and description of each and every article or thing purchased or received by him during I the preceding elti-y week, the precise time of such purchase or receipt, the exact amount paid therefor, the name and residence or place of business of the person from whom such article or thing was purchased or received, and the particular mention of any prominent or descriptive marks that such article or thing may bear, Section 21 That Chapter 5,60,050 of the Bozeman Municipal Code is amended to read as follows: 5,60,050 l-N.:r-E-RV-Ah-.8FrWEEN--5Ah-E5 DENIAL OF FUTURE BUSINESS LICENSES. Any person who has held a sa Ie BS-JAef:'jtMJAeeJ-ftef'eurteleJA,-at-tfte-I-ocet+On-stated-itr-t-he B ~ i-eB-t-ion- wH i"l+I"l-ol"l~ yea-r- -pfts-t- -f 1"f)ffl- --the- ..c.ate- * '"'S't.tclt -al' pHcfrt+On - s i"l-a+1- -no{- -be- -g....al"l teel- a - Hee1"l"S'e may be denied a new city business license for the same or similar business for a period of 90 days after the expiration of the going-out-of-business license if that individual is directly or indirectly related to the business issued a going-out-of-business license, Denial of a new city business license is subject to appeal to the City Commission, Section 22 That Chapter 5,60,080 of the Bozeman Municipal Code is amended to read as follows: 5,60.080 LICENSE - APPLICATION REQUIREMENTS, A person desiring to conduct a sale regulated by this chapter shall make a written application a minimum of two weeks prior to the date the sale is to commence to the director of finance, setting forth and containing the following information: A, The true name and address of the owner of the goods to be the object of the sale; ~,-----~~-t~~a~ti~~JAess-of-tfte-I'ef901"l-froffr~i"loffr~~tlreftes~4~~~-~~e I so~-anel-1~~ee-ti"lere~....,-aneJ-+f~~~tlreftes~,4~~anl"l~ef-9tlefr~~tkrtr; E:-, B, A description of the place where such sale is to be held; - f>-, C, The nature of the occupancy, whether by lease or sublease and the effective date of termination of such occupancy; E-; D, The dates of the period of time in which the sa Ie is to be conducted; F-;E, A full and complete statement of the facts in regard to the sale, including the reason for the urgent and expeditious disposal of goods thereby and the manner in which the sale will be conducted; 6-,--- --IT--ctmtl'fet-e- -B-flci.-eIetaHeel-+1"l \feftttlf-y--of-1~ ~-t-o- -be-~-d--ttt--stteh- -g-a-l~tt5--d1ge+os-ed by-4-he- -eppHean-t.l.g-~~;- - - :r-he--in-vet1'tt>f'y-~aH - be- ttttaei"leel- -to-and--beeome-f'f!1"t-of-#te ref:'jtHreel-ti~+ea~~, 1. Bona Fide Orders, All goods included in stI€fr-inven-t-t:>f'y the sale shall have been purchased by the applicant, prior to the issuance of the going-out-of-business license, for resale on bona fide orders without cancellation privileges and shall not comprise goods purchased on consignment. 2, Goods Purchased for Sale Hereunder. Such inventory shall not include goods ordered in contemplation of conducting a sale regulated hereunder, Any unusual purchase or additions to the stock of goods of the business hereby affected within ninety days before the filing of an application hereunder shall be deemed to be of such character, Section 23 I That Chapter 5,60,110 of the Bozeman Municipal Code is amended to read as follows: 5,60,110 LICENSE - PERIOD, The I icense shall authorize the sa Ie described in the application for a period of not more than sixty consecutive days, for inventory valued at under $500,000 and ninety days for inventory of $500,000 and over; Sundays and legal holidays included, following the issuance thereof, ORDINANCE NO, 1251 311~ Section 24 That Chapter 5.60,160 of the Bozeman Municipal Code is amended to read as follows: 5,60,160 DUTIES OF LICENSEE, A. Adhere to Inventory. A licensee shall make no additions whatsoever, during the period of the licensed sa Ie, to the stock of goods get-fo.Rh--ifl--t-he--ir=t~-at-t:aefled--t"f) tRe-8~~-ieft-~e~-He~ to be sold, B, Advertise Properly, A licensee shall refrain from employing any untrue, deceptive I or misleading advertising, C, Adhere to Advertising. A licensee shall conduct the licensed sale in strict conformity with any advertising or holding out, incident hereto. 8-,-- - - - K-eep- -9 tl-pt i-ee1e- -t 1'l"Veftto-Fy;- - -A- tieen-se- -s-/'taH - k~ -a-ve-itaa -Ie- -e{- -t-he- -p+aee- '&f - ~8 -Ie--a eltlpHeate--eof'y-e.p-tt-te-ifl.veftt6-j&y-~tl-bmi-tteel--w-i-tR--tR-e-.a-ppHeat-i"O'f'l"'"~-S-R8H-~- -stteh elttpHeate- -t-o--ifl-s-pectffl9-6ffiei8 j-g--tt"efl-f~, E~-----S~~fl~ver=t-te~~-6~.-~-Heeft5~-s~~~"-8fl~~~~~-~"8~8te 8 fl-o- ~ ..ff"Ofl't -the- -g-oo-els - H-s-t eel- fft - tRe - fH eel- fR 'v'.efttt)f~ -us- -be1-ng- ""1J"bject-s- '&f - S8 fe- ""itftel- SRMI I'lltl'k-e- -s1:teR - elf~Hn-ct+O-fl- e fee-to- -to- -t-he- -pttaHe- by- -p1ee1 rtg- -titgS- -()fl- -aH -ifl.vefl t6-1"+ed- -g-oo-els - ~ -afl el B~--tR-e--pt8ee-ef-~a~~~~r=t~-t-he--pttaHe-6f-tRe-sta~~~f~t~eeel"5~ Section 25 ORDI NANCES REPEALED All other ordinances, and parts of ordinances, in conflict with the provisions of this ordinance are hereby repealed, The ordinances, or parts thereof, specifically repealed hereby are set forth as follows: That portion of Ordinance No, 1117 set forth in Section 2 thereof and numbered 3,04,090 and entitled IITransportation Firmsll therein and codified in the Bozeman Municipal Code (B ,M, C,) as section 5.02,090 and entitled IITransportation Firmsll is hereby repealed, That portion of Ordinance No, 1117 set forth in Section 2 thereof and numbered 3,04,110 and entitled IIVehiclell therein and codified in the B, M. C, as section 5,02,110 and entitled IIVehiclell is hereby repea led. I :r flet- -pot't-iefl- '&f - Q.rd-i"f'lflflCe- -t"l&;- -1-1-1- "f --set- -f-t>-rtfl- -i r=t- 5ect+o-fl- 3 - tReree f -aft el- ftt.tffl6ereti- -t-here1 r=t 8~-3.98.9f9-~e~r=t~~~~ty-~-~e-~~~~~~~-jer=t-~~~~feel-~-~-B~~,~.-B9 5.9~.9f9-~,,--ter-w-i-t~ llE~-iefl~--~~-e-~~el"-er-aft-ffl~flt-~eft-t-eer=t~-ir=t~~~s-~~ B-~e9Hienee-~tR-tRe-e~~~~~,~~vki~-~-f~-~~-ir=t-~-~ki-r&R~ el+S-ffie-t -; - 9 Ri:lH- -be- ~fflJ'>'t- f rem- -t-he- -p-t"OV~er=t"5- 'Of - tR ts- -t-i t~,.11 ts--hereby-1"e'pe'8"Ieel~ That portion of Ordinance no, 1117 set forth in Section 4 and numbered 3,12.070 therein and entitled IIHuckstersll and that portion of Ordinance No, 1123 set forth in Section 1 and numbered 3, 12,070 therein and entitled IIHucksterll both of which are codified in the B, M. C, as 5,06,070 are hereby repealed, That portion of Ordinance No, 1117 set forth in Section 4 thereof and numbered 3,12,090 and entitled IITransient Retail Merchantll therein and codified in the B,M,C, as section 5,06.090 and entitled IITransient Retail Merchantll is hereby repealed, That portion of Ordinance No, 1123 set forth in Section 1 thereof and numbered 3,12,090 and entitled IITransient Retail Merchantll therein and codified in the B, M, C. as section 5,06,090 and entitled IITransient Retail Merchantll is hereby repealed, That portion of Ordinance No, 1117 set forth in Section 4 thereof and numbered 3,12.100 and entitled IITransient Wholesale Merchantll therein and codified in the B ,M, C, as section 5,06,100 and entitled IITransient Wholesale Merchantll is hereby repealed, That portion of Ordinance No, 1123 set forth in Section 1 thereof and numbered 3.12.100 I and entitled IITransient Wholesale Merchantll therein and codified in the B.M, C, as section 5.06,100 and entitled IITransient Wholesale Merchantll is hereby repealed, That portion of Ordinance No, 1117 set forth in Section 4 thereof and numbered 3.12.160 and entitled IITransportation Firmsll therein and codified in the B.M.C. as section 5,06,150 is hereby repealed, That portion of Ordinance No, 1123 set forth in Section 1 thereof and numbered 3,12.150 and entitled IITransportation Firmsll therein and codified in the B, M, C, as section 5,06.150 is hereby repealed, ORDINANCE NO, 1251 ~ J 1~) That portion of Ordinance No, 1117 set forth in Section 5 thereof and numbered 3,16,040 and entitled "License - Duration" therein and codified in the B,M.C. as section 5.16,040 and entitled "License - Duration" is hereby repealed. That portion of Ordinance No, 1117 set forth in Section 6 thereof as Chapter 3.20 and entitled "Transient Wholesale Merchants" therein and codified in the B ,M, C. as Chapter 5,20 and entitled "Transient Wholesale Merchants" is hereby repealed, I That portion of Ordinance No. 1117 set forth in Section 7 thereof as Chapter 3,24 and entitled "Transient Retail Merchants" therein and codified in the B,M.C, as Chapter 5.24 entitled "Transient Retai I Merchants" is hereby repealed, That portion of Ordinance No, 1117 set forth in Section 8 thereof as Chapter 3,28 and entitled "Hucksters" therein and codified in the B.M,C, as Chapter 5,28 and entitled "Hucksters" is hereby repealed. That portion of Ordinance No, 1117 set forth in Section 12 thereof as Chapter 3,44 and entitled "Pool and Bi lIiard Halls" therein and codified in the B, M, C, as Chapter 5,44 and entitled "Pool and Billiard Halls" is hereby repealed, That portion of Ordinance No. 1117 set forth in Section 16 thereof as Section 3,68,040 and entitled "Review - Two Years" therein and codified in the B. M. C, as section 5,68,040 and entitled "Review - Two Years" is hereby repealed, Section 26 SEPARABILITY CLAUSE Should any section or provision of this ordinance as declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of this title as a whole or any part thereof other than the part so declared unconstitutional or invalid, PROVISIONALL Y PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, this 7th day of December, 1987, I JUDITH A, MATHRE Mayor ATTEST: ROBIN L. SULLIVAN Clerk of the Commission FI NALL Y PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana this 21st day of December, 1987, and effective thirty (30) days after said date, JUDITH A, MATHRE Mayor ATTEST: ROBIN L. SULLIVAN Clerk of the Commission State of Montana ) County of Gallatin : ss I City of Bozeman ) I, Robin L, Sullivan, Clerk of the Commission of the City of Bozeman, do hereby certify that the foregoing Ordinance No, 1251 was published by title number in the Bozeman Daily Chronicle, a newspaper of general circulation printed and published in said City, in the issue dated the 28th day of December, 1987, and due proof of such publication is on file in my office, ROBIN L. SULLIVAN Clerk of the Commission ORDINANCE NO, 1251