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HomeMy WebLinkAbout18- Ordinance 2001 Revising Penalities Related to Business Licenses vr�N co.ra°� ORDINANCE NO. 2001 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA TO AMEND SECTION 12.02.120 TO REVISE PENALTIES RELATED TO BUSINESS LICENSES. WHEREAS, the City of Bozeman adopted business license requirements by approving Ordinance No. 1273 on November 21, 1988; and WHEREAS, the business license requirements include compliance with all applicable zoning,building and fire codes, and other laws and regulations which protect the health safety and welfare of the citizens of the city; and WHEREAS, the City Commission consolidated administration of business licenses by adoption of Ordinance No. 1948 on May 9, 2016. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN,MONTANA: Section 1 Legislative Findings: The City Commission hereby adopts the following findings: 1. The above recitals are incorporated herein. 2. The proposed amendments continue process improvement and are consistent with the intent of the City Commission in Ordinance No. 1948 to improve administration of business licenses. Page 1 of 5 Ordinance No.2001,Business License Fees 3. Section 12.03.010 specifies business license application fees are to be set by resolution of the City Commission. 4. Section 12.02.120 currently requires a late penalty based on a fixed percentage of license fees, which creates unnecessary administrative complexity for staff and confusion for business license holders seeking to renew their licenses, and is inconsistent with the fee schedule in Resolution 4855. Section 2 That Section 12.02.120 of the Bozeman Municipal Code be amended as follows: Sec. 12.02.120. —Noncompliance;penalty. Failure of a business to either obtain a new business license or to renew a business license as required by this chapter sha-11 will result in a delinquent charge as established by resolution of the city commissloA of ten pereent of the annual license and-insrpeetion fee, foreachzizvir+crh the ^»»Boat,,, is late Failure to renew a business license as required by this chapter may result in suspension and/or revocation of the license pursuant to section 12.02.170.A. Violations of this chapter may result in civil suit to recover unpaid fees and/or criminal prosecution pursuant to sections 12.02.210, 12.02.220, and 1.01.210. Section 3 That Section 12.03.010 of the Bozeman Municipal Code be amended as follows: Sec. 12.03.010.—Business license fees. All business license fees, upAess tithe pecifcd in this eh-apt^r, shall be are based on the square footage . f the business Lein,Been^^,a ; eensidefation-4-the costs of administering this chapter and the regulatory costs incurred. The license fee is made up of two ^ „ts: +r o business registration fee, and ^ regulatofy eomplianee The fee schedule shall be approved by resolution of the city commission. Page 2 of 5 Ordinance No.2001,Business License Fees Section 4 Repealer. All provisions of the ordinances of the City of Bozeman in conflict with the provisions of this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 5 Savings Provision. This ordinance does not affect the rights and duties that matured, penalties that were incurred or proceedings that were begun before the effective date of this Ordinance. All other provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full force and effect. Section 6 Severability. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this Ordinance as a whole, or any part or provision thereof, other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman Municipal Code as a whole. Section 7 Codification. This Ordinance shall be codified as indicated in Sections 2 and 3. Page 3 of 5 Ordinance No.2001,Business License Fees Section 8 Effective Date. This ordinance shall be in full force and effect 30 days after final passage. Page 4 of 5 Ordinance No.2001,Business License Fees PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the 26th day of March 2018. CYN A ND US Mayor BO ATTEST: • �r .a�Jt • ROBIN CROUGH y •, �a✓8 •••�Q City Clerk lL�SIN CO �10 •e FINALLY PASSED,ADOPTED AND APPROVED by the City Commission of the City of Bozeman, Montana on second reading at a regular session thereof held on the 91h day of April, 2018. CYNTHIA . R S ayor ATTEST: F. . . . 41 . `�• /fir �.�; • ROBIN CROUGH City Clerk �� ^1$83 -•'�� TjN CO r1° APP VED ORM: G SU LIVAN City Atto-flfiey Page 5 of 5