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HomeMy WebLinkAboutOrdinance 88- 1273 General licensing ordinance; repeals §§ 5.01.010, 5.01.020, 5.02.010, 5.02.020, 5.02.030, 5.02.040, 5.02.050, 5.02.060, 5.02.070, 5.02.080, 5.04.050, 5.04.060, 5 It is not intended by this ordinance to repeal, abrogate, annual or in any way impair or interfere with existing provisions of other laws or ordinances, except those specifically repealed by this ordinance. Where this ordinance imposes a greater restriction upon persons, premises or personal property than is imposed or required by such existing provisions of law, or ordinance, the provisions of this ordinance shall control. Section 3 DEFINITIONS For the purpose of this ordinance, the following terms, phrases, words, and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, words in the singular number include the plural number, and masculine words shall include feminine. The work "shall" is always mandatory and not merely directory. A. Business - is meant to include all kinds of vocations, occupations, professions, enterprises, establishments, and all other kinds of activities and matters, together with all devices, are conducted for private profit, or benefit, either directly or indirectly, on any premises in this City, not exempted by state law or this ordinance. B. City - is the City of Bozeman, Montana. C. City License Officer - is the Administrative Services Director of the City or his designated representative. D. Electronic Amusement Games - means any electronic game or mechanical device operated for the sole purpose of amusement of the patrons. E. Going out of business sale - is a sale held in such a manner as to reasonably cause the public to believe that upon the disposal of the stock on hand, the business will cease and be discontinued. Going out of business sales shall be strictly limited to stock on hand at the commencement of the sale. F. Home Occupation - means the use of a portion of a dwelling as an office, studio or workroom for occupations at home by one or more persons residing in the dwelling unit. No home occupation shall occupy more than twenty percent of the gross floor area nor more than four hundred square feet or gross floor area. The activity must be clearly incidental to the use of the dwelling for dwelling purposes, and shall not change the character or appearance thereof. G. Itinerant vendor - is any person engaged or employed in the business of selling to consumers by going from consumer to consumer, either on the he streets or to thei r places of residence or employment and soliciting, selling or taking order for future delivery of any goods, wares, or merchandise or for services to be performed in the future. H. License - is the authority, necessary from the City, granted the person to whom it is issued to engage in a specific business or occupation. I 3l.o Cb ORDINANCE NO. 1273 AN ORDINANCE CONTAINING ALL GENERAL LICENSING PROVISIONS OF THE CITY; REQUIRING COMPLIANCE BY PERSONS REQUIRED TO OBTAIN LICENSES; ESTABLISHING A UNIFORM SYSTEM FOR THE ISSUANCE OF LICENSES; SETTING FORTH THE AUTHORITY OF THE CITY LICENSE OFFICER; AND PRESCRIBING PENALTIES FOR THE VIOLATION OF ITS PROVISIONS. PREAMBLE To promote the public safety, health, and welfare, the City of Bozeman enacts this business license ordinance to register businesses, and to make businesses comply with the bui Iding codes, fire codes, zoning codes, and the laws of the State of Montana and the ordinance of the City of Bozeman. I BE IT ORDAINED BY THE CITY COMMISSION of the City of Bozeman, Montana: Section 1 SHORT TITLE This ordinance shall be known and may be cited as the "General Licensing Ordinance of the City of Bozeman, Montana." Section 2 SCOPE I ORDINANCE NO. 1273 31.09 I I. Nonprofit organization - is any group which does not distribute pecuniary gains, profits or dividends, and pecuniary gains is not the objective of the organization. Nonprofit organizations or groups must be recognized as such by the United States Internal Revenue Service and the Montana Department of Revenue. J. Person - is meant to include individual natural persons, partnerships, joint ventures, societies, associations, clubs, trustees, trusts, or corporations; or any officers, agents, employees, factors, or any kind of personal representatives of any thereof, in any capacity, acting either for himself, or for any other person, under either personal appointment or pursuant to law. K. Property Manager - means a "person" which rents or leases rental units and does not include hotels or motels. L. Square footage - is the total number of square feet contained within the exterior walls of a building, used in the business operation and open to the public. M. Temporary premises - means any hotel, motel, rooming house, storeroom, building, or any part of any bui Iding whatsoever, occupied for the business defined above. Temporary premise does not include sales booths, concession stands etc. which are operated in conjunction with a community sponsored event authorized by the City Commission. N. Transient Merchant - means any person who brings into temporary premises into the city a stock of goods, wares or articles of merchandise or notions or other articles of trade, and who solicits, sells or offers to sell, or exhibits for sale, or other articles of trade is within the meaning of this chapter a "transient merchant," and such definition shall continue to apply until such person is continuously engaged at such temporary premises for a period of one year. I Section 4 APPLICATION OF REGULATIONS A. Compliance Required. I t shall be unlawful for any person, either directly or indirectly, to conduct any business or to use in connection therewith any vehicle, premises, machine, device, employee, or agent in whole or in part, for which a license, or permit, is required by any law or ordinance of this City, without a license, or permit being first procured and kept in effect at all such times as required by this ordinance or other law or ordinance of this city; nor shall the issuance of a I icense entitle or authorize the applicant to open or maintain any business contrary to the provisions of this ordinance or law. B. Separate License for Branch Establishments. A license shall be obtained in the manner prescribed herein for each branch establishment or location of the business engaged in, as if each such branch establishment or location were a separate business; provided that warehouses and distributing plants used in connection with and incidental to a business licensed under the provisions of this ordinance shall not be deemed to be separate places of business or branch establishment. C. Joint License. A person engaged in two or more businesses at the same location shall not be required to obtain separate licenses for conducting each of such businesses but, when eligible, shall be issued one license. D. No License Required for Mere Delivery. No license shall be required of any person for any mere delivery in the City of any property purchased or acquired in good faith from such person at his regular place of business outside the City where no intent by such person is shown to exist to evade the provisions of this ordinance. E. No License Required for Non-Profit Organizations. No license shall be required of any non-profit organization as defined by this ordinance. F. No License Required for Persons Under 18 Years of Age. No license shall be required of any person under 18 years of age. G. No Licenses Required for Property Managers Managing less than three Rental Units. No license shall be required for any property manager managing or renting less than three rental units. I ORDINANCE NO. 1273 Section 5 CITY LICENSE OFFICER Issue Licenses. The City License Officer shall collect all license fees and shall issue I icense and renewals thereof in the name of the City to all persons qualified under the provisions of this ordinance and shall have the power to: A. Make rules. Promulgate and enforce all reasonable rules and regulations necessary to the operation and enforcement of this ordinance. All rules are subject to Commission review and modification. B. Adopt Forms. Adopt all forms and prescribe the information to be given therein as to character and other relevant matter for all necessary papers. C. Obtain Endorsement. Submit all applications to interested City officials for their endorsements thereon as to compliance by the applicant with all City regulations which they have the duty of enforcing. E. I nvestigate. I nvestigate and determine the eligibility of any applicant for a license as prescribed herein. F. Examine Records. Examine the books and records of any applicant of licensee when reasonably necessary to the administration and enforcement of this ordinance. G. Give Notice. Notify any applicant of the acceptance or rejection of his application and shall, upon his refusal of any license or permit, at the applicant's request, state in writing the reasons therefor and deliver them to the applicant. New applicants will be notified within 7 working days. H. Register of Licenses. Maintain at all times a license register, in which shall be entered the full name of each licensee, the address at which such business is conducted, the date of the issuance, the purpose for which the license is issued, the amount paid therefor, the telephone and address of the applicant, and the time such license will continue in force. I 310 Section 6 PROCEDURE FOR ISSUANCE OF LICENSE, RENEWAL, OR RELOCATION A. Formal Application Required. Every person required to procure a license under the provisions of any ordinance or law of the City shall submit an application for such license to the City License Officer. The application shall: 1. Form of Application. Be a written statement upon forms provided by the City License Officer. 2. Contents of Application. Require the disclosure of all information necessary to comply with this ordinance and of any other information which the City License Officer shall find to be reasonably necessary to the fair administration of this ordinance. 3. Compliance with Laws and Regulations. Issuance of a business license is contingent upon a business being in compliance with all applicable zoning, bui Iding and fire codes and other laws and regulations which protect the health, safety and welfare of the citizens of the community. 4. Payment of Fees. Be accompanied by the full amount of the fees chargeable for such license. B. New Location Desired. A I icensee shall have the right to change the location of the licensed business provided he shall comply with zoning, bui Iding I engineering and fire regulations. 1. Approval. Obtained a new license for such change of location. 2. Payment of Fee. Pay a new special services and regulatory inspection fee. C. Transfer of License. A licensee hereunder shall have the right to transfer his license to another person provided he shall: 1. Method of Transfer. Execute the transfer in the form and under the conditions required by law and as prescribed by the License Officer. 2. Notification. Promptly report the completed act of transfer to the License Office r . 3. New License Issued. Upon the completion of a transfer of license in compliance with Subsection A above, be issued a new license to the transferee for the unexpired term of the old license. 4. Fee. Pay the required fee. I I ORDINANCE NO. 1273 311 Section 7 LI CENSE FEES I A. Business License Fees. All business license fees, unless otherwise specified in this chapter, shall be based on the square footage of the business being licensed in consideration of the costs of administering this ordinance and the regulatory costs incurred. The fee schedule is as follows: LICENSE FEE SCHEDULE GENERAL BUSINESSES: Square o - 200 1,000 2,000 5,000 10,000 Special Services Registration && Regulatory Footage 199 999 1 ,999 4,999 9,999 & Over License $25 25 25 25 25 25 Fee Inspection $ Of;25 25 50 50 75 100125 175200 225250 Fee Total Fee SPECIFIC BUSINESSES: Special Services Registration && Regulatory License Re'fSpection Feeota I Fee I Itinerant Vendors Home Occupation Transient Merchants Pawn Brokers Carnival/Rodeos/Fairs Per visit not to exceed 7 consecutive days GOing-Out-of- Business Hotels/Motels 1-15 Rooms 15+ Rooms(+$2/Rm)* Transfer Fee Amusement Games/Machine (M) Machines depicting sexual activity/Machine (M) $25 10 25 25 $ $ 5 30 -0- 10 50 75 125 150 25 200 225 25 25 50 25 25 50 25 25+ * Varies 10 -0- 10 15/M 15/M 15/M 75/M OO/M I B. Allocation of Fees. All fees collected under this title shall be deposited by the City Treasurer in the City's general fund and be used to support the various departments, divisions and activities of the city which provide regulation and to recover the costs of administering of this title. C. Prorated Fee for New General Businesses. The license fee of any new general business commenced after the beginning of the license period will be prorated on a semi-annual basis. D. Rebate of Fee - General Prohibition. No rebate or refund of any license fee or part thereof shall e made by reason of the non-use of such license or by reason of a change of location or business rendering the use of such license ineffective. Section 8 LICENSE DURATION/RENEWAL/PENALTY A. Expiration of License. All licenses issued pursuant to this Chapter shall expire on December thirty-first (31 st) of the year in which such license is issued. B. License Renewal. Every person licenses to engage in any business covered by this Title, if such business is to be continued, shall renew such license by February fifteenth (15th) of the next ca lendar yea r. Section 9 PENAL TY Failure of a business to either obtain a new business license or to renew a business license as required by this ordinance shall result in a delinquent charge of ten percent of the annual license and inspection, for each month the application remains delinquent. ORDINANCE NO. 1273 Section 12 GO I NG-OUT -OF-BUS I NESS SALES A. License Required. A license issued by the License Officer shall be obtained by any person before offering to sell any goods at a sale to be advertised or held out by means to be one of the following kind: 1 . GOing-out-of-business sa Ie; or 2. Relocation of business sale. B. Established Business Requisite. Any person who has not been the owner of a business advertised or described in the application for a license hereunder for a period of at least twelve months prior to the date of the proposed sale shall not be granted a license, except that this minimum may be waived by the License Officer with concurrence of the City Manager and following proper application of the owner of such business when such application shows that a hardship exists. C. Denial of Future Business Licenses. Any person who had held a sale, or who is directly or indirectly related to the business issued a gOing-out-of-business license, 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. D. License Period. The license 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 hol idays included, following the issuance thereof. E. Adhere to Inventory. A licensee shall make no additions whatsoever, during the period of the licensed sale, to the stock of goods to be sold. F. Advertise Properly. A licensee shall refrain from employing any untrue, deceptive or misleading advertising. I 372 Section 10 CONTENTS OF LICENSE Information Required. following: A. Each license issued hereunder shall state upon its face the B. C. D. E. F. the namE:, address, and telephone number of the licensee and any other name which such business is to be conducted; the type and address of each business so licensed; the amount of license fee therefor; the dates of issuance and expiration thereof; approval of the various regulatory departments of the city; or such other information as the License Officer shall determine. Section 11 I under DUTIES OF LICENSEE A. General Standards of Conduct. Every licensee under this ordinance shall: 1. Permit Inspection. Permit all reasonable inspections of his business by public authorities so authorized by law. 2. Comply with Governing Laws. Ascertain and at all times comply with all laws and regulations applicable to such licensed business. 3. Operate Properly. Avoid all illegal, forbidden, improper or unnecessary activities, practices or conditions which do or may affect the public health, safety, or welfare. 4. Cease Business. Refrain from operating the licensed business on premises after expiration of his license and during the period his license is revoked or suspended. B. Display of License. Every licensee under this ordinance shall post and maintain such license upon the licensed premises in a place where it may be seen at all times by the public. I Section 13 ENFORCEMENT A. Inspections - Persons Authorized. The following persons are authorized to conduct inspections in the manner prescribed herein: ORDINANCE NO. 1273 373 I 1. License Officer. The License Officer shall make all investigations reasonable necessary to the enforcement of this ordinance. 2. City Officers. All police, fire, bui Iding inspectors, city engineers, zoning official, and other officials designated by the License Officer, shall inspect and examine businesses located within their respective jurisdictions to enforce compliance with the ordinance. B. Authority of Inspectors. All persons authorized herein to inspect licensees and businesses shall have the authority to enter, with or without search warrant, at all reasonable times, the following premises: 1 . those for which a license is required; 2. those for which a license was issued and which, at the time of inspection, are operating under such license; 3. those for which the license has been revoked or suspended. C. Reports by Inspectors. Persons inspecting licensees, their businesses, or premises as herein authorized shall report all violations of ordinance or of other laws or ordinances to the City Attorney and shall submit such other reports as the City Attorney shall order. Section 14 LICENSE REVOCATION/SUSPENSION I The License Officer may suspend or revoke a license when the licensee commits one or more of the following acts or omissions: A. The violation of any provision of this chapter; B. The violation of any ordinance provision relating to the health, safety and welfare of the citizens of the community; or C. The securing of any license by fraud or misrepresentation, to specifically include false or incorrect information on the license application. Section 15 PROCEDURE When any of the acts or omissions as herein enumerated are committed by a license holder and the license is suspended or revoked, the procedure shall be as follows: A. The licensee shall be notified in writing by the License Officer at least seven (7) days prior to the action contemplated and the reasons therefor; B. Upon receipt of the notice, the licensee may request a hearing. Such request shall be in writing and shall be received 'by -the License Officer within seven (7) days of the receipt of notice. Failure on the part of the licensee to request a hearing in writing and within the specified time period shall be deemed a waiver of his right to a hearing. C. I f a hearing is requested by the licensee, the License Officer shall st a time, date and place and shall so notify the licensee, in writing; D. When a hearing is conducted, the licensee and other interested parties may be in attendance. The City shall present the evidence supporting the contemplated action. The licensee may present evidence. The License Officer shall take all evidence admitted under advisement and once a decision has been made, the License Officer shall notify the licensee of the findings and rule in writing. Section 16 I APPEAL A. Right of Appeal. Any person aggrieved by any decision of the License Officer shall have the right to appeal to the City Commission of the City by filing a written appeal with the Clerk of Commission within 20 days following' the effective date of the action taken or the decision made. B. Contents of Appeal. Such appeal shall set out a copy of the order or decision appealed and shall include a statement of the facts relied upon to avoid such action taken or decision made. C. Notification of License Officer. At the time of filing any such appeal a copy thereof shall be filed by the appellant with the License Officer. D. Hearing. The City Commission shall fix a time and place for hearing the appeal and shall personally serve a written notice, as provided herein, upon the appellant informing him thereof. The City Commission shall also give such notice to the License ORDINANCE NO. 1273 Section 2 of Ordinance No. 1117 as codified by 5.02.010, 5.02.020, 5.02.030, 5.02.040, 5.02.050, 5.02.060, 5.02.070, 5.02.080, 5.02.090, 5.02.100 and 5.02.110 of the Bozeman Municipal Code; I 37' L: Officer and such officer shall be entitled to appear and defend such action taken or decision made. E. Effect of Decision. The findings of the City Commission shall be final and conclusive and shall be personally served upon the appellant as required herein. Section 17 L1AB I L1TY OF VIOLATOR A. Unpaid Fee Constitutes Debt. The amount of any unpaid fee, the payment of which is required hereunder, shall constitute a debt due the City. B. Action by City Attorney. The City Attorney may institute civil suit in the name of the City or recover any such unpaid fee. C. Civil Judgment No Bar. No civil judgment, or any act by the City Attorney, the License Officer or the violator shall bar or prevent a criminal prosecution for each and every violation of this ordinance. I Section 18 I NTERST A TE COMMERCE Nothing in this Title is intended to operate so as to interfere with the power of the Congress of the United States to regulate the commerce between the states. Section 19 SEPARABILITY Should any section or provIsion of the 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 inval id. Section 20 REPEALER The following ordinances or parts thereof and all subsequent amendments thereto are specifically repealed hereby: Section 1 of Ordinance No. 1117 as codified by 5.01.010 and 5.01.020 of the Bozeman Municipal Code; Section 3 of Ordinance No. 1117 as codified by 5.04.010, 5.04.020, 5.04.030, 5.04.040, 5.04.050, 5.04.060, 5.04.070, 5.04.080, 5.04.090, 5.04.100, 5.04.110, 5.04.120, 5.04.130, 5.04.140,5.04.150,5.04.160,5.04.170 and 5.04.180 of the Bozeman Municipal Code; Section 4 of Ordinance No. 1117 and Ordinance No. 1123 as codified by 5.06.010, 5.06.020, 5.06.030, 5.06.040, 5.06.060, 5.06.070, 5.06.020, 5.06.030, 5.06.040, 5.06.120, 5.06.130, 5.06.140, 5.06.150, 5.06.160, 5.06.170, 5.06.180, 5.06.190, 5.06.200, and 5.06.210 of the Bozeman Municipal Code; Section 5 of Ordinance No. 1117 as codified by 5.16.010,5.16.020,5.16.030 and 5.16.040 of the Bozeman Municipal Code Section 6 of Ordinance No. 1117 as codified by 5.20.010,5.20.020,5.20.030,5.20.040, and 5.20.050 of the Bozeman Municipal Code; Section 7 of Ordinance No. 1117 as codified by 5.24.010, 5.24.020 and 5.24.030 of the Bozeman Municipal Code; Section 8 of Ordinance No. 1117 as codified by 5.28.010, 5.28.020, 5.28.030 and 5.28.040 of the Bozeman Municipal Code Section 10 of Ordinance No. 1117 as codified by 5.36.010, 5.36.020, 5.36.030, 5.36.040, 5.36.050, 5.36.060, 5.36.070, 5.36.080, 5.36.090, 5.36.100, 5.36.110, 5.36.120, 5.36.130, 5.36.140, and 5.36.150 of the Bozeman Municipal Code; Section 12 of Ordinance No. 1117 as codified by 5.44.010, 5.44.020, 5.44.030 and 5.44.040 of the Bozeman Municipal Code; Section 14 of Ordinance No. 1117 as codified by 5.60.010, 5.60.020, 5.60.030, 5.60.040, 5.60.050, 5.60.060, 5.60.070, 5.60.080, 5.60.090, 5.60.100, 5.60.110, 5.60.130, 5.60.140, 5.60.150,5.60.160 and 5.60.170 of the Bozeman Municipal Code; I Section 15 of Ordinance No. 1117 as codified by 5.64.010, 5.64.020, 5.64.030, 5.64.040, 5.64.050 and 5.64.060 of the Bozeman Municipal Code; Section 16 of Ordinance No. 1117 as codified by 5.68.010, 5.68.020, 5.68.030 and 5.68.040 of the Bozeman Municipal Code; Ordinance No. 1125 amending Section 14 of Ordinance No. 1117 and Ordinance No. 1123 as codified by 5.06.040 of the Bozeman Municipal Code; ORDINANCE NO. 1273 31b Ordinance No. 1129 amending Ordinance No. 1123 and section 4 of Ordinance No. 1117 as codified in 5.06.190 of the Bozeman Municipal Code; Ordinance No. 1134 amending Ordinance No. 1123 and section 4 of Ordinance No. 111.7 as codified by 5.06.170 of the Bozeman Municipal Code; Ordinance No. 1136 amending Section 4 of Ordinance No. 1117 and Ordinance No. 1123 as codified in 5.06.020 of the Bozeman Municipal Code; and I Ordinance No. 1251, not yet codified. PROVISIONALLY PASSED, ADOPTED AND APPROVED by the City Commission of the City of Bozeman, Montana, this 7th day of November, 1988. ALFRED M. STIFF Mayor ATTEST: ROBIN L. SULLIVAN Clerk of the Commission FINALLY PASSED, ADOPTED AND APPROVED by the City Commission of the City of Bozeman, Montana, this 21st day of November, 1988, and effective thirty (30) days after said date. ALFRED M. STIFF Mayor ATTEST: I ROBIN L. SULLIVAN Clerk of the 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. 1273, was published by title number in the Bozeman Dai Iy Chronicle, a newspaper of general circulation printed and published in said City, in the issue dated the 2nd day of December, 1988, and said proof of publication is on file in my office. I N WI TNESS WHEREOF, I hereunto set my hand and affix the corporate seal of my office. ROBIN L. SULLIVAN Clerk of the Commission I ORDINANCE NO. 1273