HomeMy WebLinkAbout03-20-17 City Commission Packet Materials - A2. Resolution 4766, Mobile Vending Business License and Fee Schedule
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission FROM: Chris Kukulski, City Manager
Mitch WerBell, Assistant Planner
SUBJECT: Resolution 4766 Mobile Vending Business License Fee Schedule Public Hearing and Adoption
MEETING DATE: March 20, 2017
AGENDA ITEM TYPE: Action
RECOMMENDATION: After conducting the public hearing, approve Resolution 4766
amending Resolution 4686 fee schedule to include mobile vending in business licenses and fees.
MOTION: Having reviewed and considered the staff memorandum, public comment, and all
information presented, I hereby move to approve Resolution 4766 amending the fee schedule for
the business license program to include mobile vending.
EXECUTIVE SUMMARY: On February 27, 2017, the City Commission provisionally
adopted Ordinance 1950 amending Chapter 28, Sales, to add mobile vending regulations. Final
adoption of Ordinance 1950 is on this evening’s agenda. Ordinance 1950 includes a requirement
that mobile vendors obtain a mobile vending license.
The City Commission is authorized by 7-21-4101, MCA to set fees for business licenses.
Pursuant to Chapter 12 of the Bozeman Municipal Code, Business Licenses, business license
fees are approved by the City Commission by resolution. In 2016, the City Commission adopted
the current business license fee schedule by Resolution 4686.
This action seeks to amend the business license fee schedule to add fees for mobile vending
licenses. The recommended registration and license fee is $25, consistent with the current fee for
most businesses, plus an additional fee of $225 to offset anticipated costs of administering and
enforcing the new regulations.
Mobile vendors wishing to operate within the Downtown Business Improvement District (DBID)
will require a separate endorsement on their license to help cover the costs of services provided
by the DBID. The recommended fee for the DBID endorsement is $250. Staff sampled the
annual cost assessed on properties within the DBID and determined this amount is a reasonable
proportion of the assessment paid by a typical downtown property.
320
Should the Commission adopt Resolution 4766, it will go into effect on the effective date of
Ordinance 1950. This resolution will not change any existing fees for business licensing as
adopted by Resolution 4686.
ALTERNATIVES: 1) Direct staff to amend the draft fee schedule; or
2) As determined by the Commission.
FISCAL EFFECTS: The recommended fee schedule adds a citywide mobile vending business license and a separate endorsement for mobile vending in the Downtown Business Improvement
District (DBID). Additional revenue generated by the licenses will cover the costs of
administration, enforcement, and additional public services provided to mobile vendors citywide.
The City will deposit revenue generated by the DBID mobile vending endorsement into the DBID fund to cover additional costs of public goods and services provided by the DBID from assessments on properties within the district.
Attachments: Resolution 4766
Report compiled on: March 9, 2017
321
Page 1 of 4
COMMISSION RESOLUTION NO. 4766
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, AMENDING RESOLUTION 4686 FEE SCHEDULE FOR BUSINESS
LICENSES AND SPECIAL SERVICES & REGULATORY INSPECTION FEES TO
INCLUDE MOBILE VENDING BUSINESS LICENSES, AS AUTHORIZED BY SECTION
7-21-4101, MONTANA CODE ANNOTATED (MCA) AND CHAPTER 12, BOZEMAN
MUNICIPAL CODE.
WHEREAS, Section 7-21-4101, MCA authorizes local governments to issue business
licenses, to fix the amount of such licenses, and to collect fees; and
WHEREAS, the City of Bozeman collects fees to cover the administrative costs of
processing and reviewing business licenses, special services, and regulatory inspections; and
WHEREAS, on May 9, 2016, the City of Bozeman adopted Ordinance 1948 removing the
business license fee schedule from the Bozeman Municipal Code, Chapter 12 Business Licenses;
and
WHEREAS, on May 9, 2016, the Bozeman City Commission approved Resolution 4686
adopting a business license fee schedule; and
WHEREAS, on March 20, 2017, the City of Bozeman adopted Ordinance 1950 adding
regulations and business license requirements for mobile vending which protect the health, safety,
and general welfare of the citizens of the city; and
322
Resolution No. 4766, Mobile Vending Business License Fees
Page 2 of 4
WHEREAS, Ordinance 1950 requires that fees for the cost of services provided to mobile
vendors citywide and in the Downtown Business Improvement District shall be established by
resolution of the Bozeman City Commission;
WHEREAS, the Downtown Bozeman Business Improvement District allocates resources
and provides additional public goods and services from assessments on properties within the
district and mobile vendors and their customers utilize and benefit from those goods and services
while operating within the district; and
WHEREAS, the annual fee for the mobile vending Downtown Business Improvement
District endorsement is reasonably proportionate to the annual amount assessed against a typical
property within the district.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of
Bozeman, Montana:
Section 1
The fee schedule for the fees, charges and expenses for the review of business licenses,
special services and regulatory inspection fees as specified in the Bozeman Municipal Code shall
be amended to include “mobile vending” and associated fees as set forth in the attached Exhibit
A.
Section 2
Fees collected for the Downtown Business Improvement District Endorsement will be
deposited in the Downtown Business Improvement District Fund.
Section 3
This fee schedule shall be in full force and effect on April 19, 2017.
323
Resolution No. 4766, Mobile Vending Business License Fees
Page 3 of 4
PASSED AND APPROVED by the City Commission of the City of Bozeman, Montana,
at a regular session thereof held on the 20th of March, 2017.
___________________________________
CARSON TAYLOR
Mayor
ATTEST:
_____________________________________
ROBIN CROUGH City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
324
Resolution No. 4766, Mobile Vending Business License Fees
Page 4 of 4
RESOLUTION 4766 – EXHIBIT A LICENSE FEE SCHEDULE
GENERAL BUSINESSES:
Square Footage Registration & License Fee (in dollars)
Special Services &
Regulatory Inspection Fee (in dollars)
Total Fee (in dollars)
0 - 199 25 0 25
200 - 999 25 25 50
1,000 - 1,999 25 50 75
2,000 - 4,999 25 100 125
5,000 - 9,999 25 175 200
10,000 & Over 25 225 250
SPECIFIC BUSINESSES:
Registration & License Fee (in dollars)
Special Services
& Regulatory
Inspection Fee (in dollars)
Total Fee (in
dollars)
Itinerant Vendors 25 5 30
Home Occupation 10 -0- 10
Transient Merchants 25 50 75
Pawnbrokers 25 125 150
Carnivals/Rodeos/Fairs Per Visit not to exceed 7 consecutive days 25 200 225
Going-Out-Of-Business 25 25 50
Hotels/Motels
1 — 15 Rooms 25 25 50
15 + Rooms (+$2.00/Rm)* 25 25+* Varies
Transfer Fee 10 -0- 10
Amusement Games/Machine (M) 15/M 15/M
Machines depicting sexual activity/Machine (M) 25/M 75/M 100/M
Medical marijuana 25 125 150
Emergency Medical Service 500 -0- 500
Mobile vending 25 225 250
Mobile vending - Downtown Business Improvement District Endorsement 250 250
325