Loading...
HomeMy WebLinkAboutTitle 05 e 43 (Bozeman 4-98) e Title 5 BUSINESS TAXES, LICENSES AND REGULATIONS e Chapters: 5.01 General Provisions 5.02 Definitions 5.04 Administration and Enforcement 5.05 License Fee Schedule-Generally 5.08 Aircraft 5.12 Beer 5.32 Pawnbrokers and Secondhand Dealers 5.40 Hotel Guest Registers 5.52 Liquor-Retail Sale 5.56 Gaming 5.60 Going.Out-of-Business Sales 5.64 Uniform Safety Code Inspection Fees 5.68 Violation-Penalties 5.70 Emergency Medical Services e e e . . . Sections: 5.01.010 5.01.020 Chapter 5.01 GENERAL PROVISIONS Title. Scope. 5.01.010 Title. This chapter shall be known and may be cited as the "general licensing ordinance of the city of Bozeman, Montana." (Ord. 1273 ~ I, 1988) 5.01.020 Scope. It is not intended by this chapter to repeal, abrogate, annul or in any way impair or inter- fere with existing provisions of other laws or ordinances, except those specifically repealed by this chapter. Where this chapter 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 chapter shall control. (Ord. 1273 ~ 2, 1988) Sections: 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 5.02.110 Chapter 5.02 DEFINITIONS Generally. Business. City. City license officer: Electronic amusement games. Going out of business sale. Home occupation. Itinerant vendor. license. Nonprofit organization. Person. 5.01.010-5.02.050 5.02.120 5.02.130 5.02.140 5.02.150 Property manager. Square footage. Temporary premises. Transient merchant. 5.02.010 Generally. For the purpose of this chapter, the fol. lowing 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 word "shall" is always mandatory and not merely directory. (Ord. ] 273 ~ 3 (part), 1988) 5.02.020 Business. "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, machines, vehicles and appurtenances used therein, any of which are conducted for private profit, or benefit, either directly or indirectly, on any premises in this city, not exempted by state law or this chapter. (Ord. ]273 ~ 3 (A), 1988) 5.02.030 City. "City" is the city of Bozeman, Montana. (Ord. 1273 ~ 3 (B), 1988) 5.02.040 City license officer. "City license officer" is the administrative services director of the city or his designated representative. (Ord. 1273 ~ 3 (C), 1988) 5.02.050 Electronic amusement games. "Electronic amusement games" means any electronic game or mechanical device operated for the sole purpose of amusement of the patrons. (Ord. 1273 ~ 3 (D), 1988) 45 (Bozeman 10-89) 5.02.060-5.02.] 50 5.02.060 Going out of business sale. "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 discoll- tinued. Going out of business sales shall be strictly limited to stock on hand at the com- mencement of the sale. (Ord. ] 273 S 3 (E). ]988) 5.02.070 Home occupation. "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 shaH occupy more than twenty percent of the gross floor area nor more than four hundred square feet of 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. (Ord. 1273 ~ 3 (F), ] 988) 5.02.080 Itinerant vendor. "Itinerant vendor" is any person engaged or employed in the business of selling to consumers by going from consumer to consumer, either on the streets or to their places of residence or employment and soliciting, selling or taking orders for future delivery of any goods, wares, or merchandise or for services to be performed in the future. (Ord. ] 273 ~ 3 (G), ] 988) 5.02.090 License. "License" is the authority, necessary from the city, granted the person to whom it is issued to engage in a specific business or occupation. (Ord. ] 273 ~ 3 (H), ] 988) 5.02.100 Nonprofit organization. "Nonprofit organization" is any group which does not distribute pecuniary gains, profits or (Bozeman 10-89) dividends, and pecuniary gains is not the objec- tive of the organization. Nonprofit organizations or groups must be recognized as such by the United States Internal Revenue Service and the Montana Depart'ment of Revenue. (Ord. 1273 ~ 3 (I), ] 988) . 5.02.110 Person. "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. (Ord. ] 273 S 3 (J), 1988) 5.02.120 Property manger. "Property manager" means a "person" which rents or leases rental units and does not include hotels or motels. (Ord. ] 273 S 3 (K), ] 988) 5.02.130 Square footage. "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. (Ord. 1273 ~ 3 (L), 1988) . 5.02.140 Temporary premises. "Temporary premises" means any hotel. motel, roominghouse, storeroom, building, or any part of any building whatsoever, tent, vacant lot, freight station, car or truck, tem. porari]y occupied for the business defined above. Temporary premises does not include sales booths, concession stands etc. which are operated in conjunction with a community sponsored event authorized by the city com- mission. (Ord. 1273 ~ 3 (M), 1988) 5.02.150 Transient merchant. "Transient merchant" means any person who . 46 . . . 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, such stock of goods, wares or articles of merchandise or notions 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 con- tinuously engaged at such temporary premises for a period of one year. (Ord. 1273 ~ 3 (N). I 988) Chapter 5.04 ADMINISTRATION AND ENFORCEMENT Sections: 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 5.04.180 5.04.190 5.04.200 Compliance required. Separate license for branch establishments. Joint license. Exemptions. City license officer-Duties. Formal application required. Change of location. Transfer of license. Contents of license- Information required. Expiration of license. License renewal. Noncompliance-Penalty. Duties of licensee. Inspections-Persons authorized. Authority of inspectors. Reports by inspectors. License revocation/suspension- Generally. License revocation/suspension- Procedure. Appeal. Unpaid fee constitutes debt. 5.04.010-5.04.040 5.04.210 5.04.220 5.04.230 Action by city attorney. Civil judgment no bar. Interstate commerce. 5.04.010 Compliance required. It 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 req uired by this ordinance or other law or ordinance of this city; nor shall the issuance of a license entitle or authorize the applicant to open or maintain any business contrary to the provisions of this ordinance or law. (Ord. 1273 S 4 (A). 1988) 5.04.020 Separate license for branch establishments. A license shall be obtained in the manner prescribed herein for each branch establish. ment or location of the business engaged in, as if each such branch establishment or location were a separate business; provided that ware. houses and distributing plants used in con~ nection 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. (Ord. 1273 ~ 4 (8),1988) 5.04.030 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. (Ord. 1273 ~ 4 (C), 1988) 5.04.040 Exemptions, A. No license shall be req uired of any person for any mere delivery in the city of any 47 (Bozeman 10-89) 5.04.050-5.04.060 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. B. No license shall be required of any non- profit organization as defined by this Ordinance. C. No license shall be required of any person under 18 years of age. D. No license shall be required for any property manager managing or renting less than three rental units. (Ord. 1273 ~ 4 (D~G). 1988) 5.04.050 City license officer-Duties. The city license officer shall collect all license fees and shall issue license 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. The city license officer shall promulgate and enforce all reasonable rules and regulations necessary to the operation and enforcement of this chapter. All rules are subject to commission review and modification. B. Adopt Forms. The city license officer shall 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. The city license of- ficer shall 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. D. Investigate. The city license officer shall investigate and determine the eligibility of any applicant for a license as prescribed herein. E. Examine Records. The city license officer shall examine the books and records of any applicant of licensee when reasonably necessary to the administration and enforcement of this chapter. F. Give Notice. The city license officer shall (Bozeman 10-89) notify any appiicant of the acceptalll.:e or or rejection of his application and shall. upon his refusal of any license or permit. at the appli- cant's request. state in writing the reasons therefor and deliver them to the applicant. New applicants wilI be notified within seven working days. G. Register of Licenses. The city license officer shall 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. (Ord. 1273 ~ 5, 1988) . 5.04.060 Formal application required. Every person req uired 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 applica. tion requirements are as follows: A. Form of Application. The application shall be a written statement upon forms provided by the city license officer. B. Contents of Application. The applicant is required to disclose all information necessary to comply with this chapter and of any other information which the city license officer shall find to be reasonably necessary to the fair administration of this chapter. C. Compliance with Laws and Regulations_ Issuance of a business license is contingent upon a business being in 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 community. D. Payment of Fees. The application shaH be accompanied by the full amount of the fees chargeable for such license. (Ord. 1273 S 6 (A), 1988) . . 48 . . . 5.04.070 Change of location. A licensee shall have the right to change the location of the licensed business; provided. he shall comply with zoning, building. engineering and fire regulations. A lil;ensee shall: A. Obtain a new license for such change of location; B. Pay a new special services and regulatory inspection fee. (Ord. 1273 @ 6 (8), 1988) 5.04.080 Transfer of license. A licensee hereunder shall have the right to transfer his license to another person provided he shall: A. Execute the transfer in the form and under the conditions required by law and as prescribed by the license officer; B. Promptly report the completed act of transfer to the license officer; C. Upon the completion of a transfer of license in compliance with Section 5.04.060. be issued a new license t~ the transferee for the unexpired term of the old license. D. Pay the required fee. (Ord. 1273 * 6 (e). 1 988) 5,04.090 Contents of license-Information required. Each license issued hereunder shall state upon its face the following: A. The name, address, and telephone number of the licensee and any other name under which such business is to be conducted; B. The type and address of each business so licensed; C. The amount of license fee therefor; D. The dates of issuance and expiration thereof; E. Approval of the various regulatory depart. ments of the city; F. Such other information as the license officer shall determine. (Ord. 1273 ~ 10, 1988) 5.04.100 Expiration of license. All licenses issued pursuant to this chapter 5 .04.070~S .04.130 shall expire o'n December 31 st of the year in which such license is issued. (Ord. 1273 ~ 8 (A). 1988) 5.04.110 License renewal. Every person lkensed to engage in any business covered by this title. if such business is to be continued. shall renew stich license by February 15th of the next calendar year. (Ord. 1273 ~ 8 (8).1988) 5.04.120 Noncompliance-Penalty, Failure of a business to either obtain a new business license or to renew a business license as required by this chapter shall result in a delinquent charge of ten percent of the annual license and inspection fee, for each month the application remains delinquent. (Ord. 1273 ~ 9. 1988) 5.04.130 Duties of licensee. A. General Standards of Conduct. Every lil;ensee under this Ordinance shall: I. Permit all reasonable inspections of his business by public authorities so authorized by law; 2. Ascertain and at all times comply with all laws and regulations applicable to such licensed business; 3. Avoid all illegal. forbidden, improper or unnecessary activities, practices or conditions which do or may affect the public health, safety. or welfare; 4. 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 chapter shall post and maintain such license upon the licensed premises in a place where it may be seen at all times by the public_ (Ord. 1273 ~ 11,1988) 49 (Bozeman 10-89) 5.04.140.:....5.04.190 5.04.140 Inspections-Persons authorized. The following persons are authorized to conduct inspections in the manner prescribed herein: A. License Officer. The license officer shall make all investigations reasonably necessary to the enforcement of this chapter. B. City Officers. All police. fire. building 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 chapter. (Ord. 1273 S 13 (A), 1988) 5.04.150 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: A. Those for which a license is required: B. Those for which a license was issued and which, at the time of inspection, are operating under such license: C. Those for which the license has been reovked or suspended. (Ord. 1273 ~ 13 (8). 1988) 5.04.160 Reports by inspectors. Persons inspecting licensees. their businesses, or premises as herein authorized shall report all violations of this chapter or of other laws or ordinances to the city attorney and shall submit such other reports as the city attorney shall order. (Ord. 1273 ~ 13 (C), 1988) 5.04.170 License revocation/suspension- Generally. 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; (Bozeman 10-89) . B. The violation of any ordinances provi. sions 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 applica- tion. (Ord. 1273 ~ 14.1988) . 5.04.180 License revocation/suspension- 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 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 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. If a hearing is requested by the licensee, the license officer shall set 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 at. tendance. 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. (Ord. 1273 ~ 15,1988) . 5.04.190 Appeal. A. Right of Appeal. Any person aggrieved by any decision of the license officer shall have . 50 . . . the right of appeal to the city commission by filing a written appeal with the clerk of com- mission within twenty 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 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 ap- pellant as required herein. (Ord. 1273 S 16. 1988) 5.04.200 Unpaid fee constitutes debt. The amount of any unpaid fee, the pay- ment of which is required hereunder, shall constitute a debt due the city. (Ord. 1273 S 17 (A), 1988) 5.04.210 Action by city attorney. The city attorney may institute civil suit in the name of the city to recover any such unpaid fee. (Ord.1273 ~ 17 (B), 1988) 5.04.220 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 5.04.200-5.05.010 for each and every vioiation of this chapter. (Ord. 1273 S 17 (C), 1988) 5.04.230 Interstate 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. (Ord. 1273 S 18, 1988) Chapter 5.05 LICENSE FEE SCHEDULE - GENERALLY Sections: 5.05.010 5.05.020 5.05.030 Business license fees. Allocation of fees. Prorated fee for new general businesses. Rebate of fee-General prohibition. 5.05.040 5.05.010 Business license fees. All business lkense fees. unless otherwise specified in this title. shall be based on the square footage of the business being licensed in consideration of the costs of administering this title and the regulatory costs incurred. The fee schedule is as follows: 51 (Bozeman 10-89) 5.05.010 LICENSE FEE SCHEDULE . GENERAL BUSINESSES: Square Footage Registration & License Fee Special Services & Regulatory Inspection Fee Total Fee o ~ 199 200 - 999 1.000 . 1 .999 2,000 - 4,999 5,000 - 9,999 10,000 & Over $25 25 25 25 25 25 $ 0 25 50 100 175 225 $ 25 50 75 125 200 250 SPECIFIC BUSINESSES: Special Services Registration & & Regulatory License Fee Inspection Fee Total Fee 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/Rm)* 25 25+ * Varies Transfer Fee 10 .0. 10 Amusement Games/Machine (M) 15/M 15/M Machines depicting sexual activity/Machine (M) 2S/M 7S/M 100/M (Ord. 1273 ~ 7 (A), 1988) . (Bozeman 10.89) 52 e 5.05.020 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 the administering of this title. (Ord. 1273 ~ 7 (B), 1988) 5.05.030 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 semiannual basis. (Ord. 1273 ~ 7 (C), 1988) 5.05.040 Rebate offee-General prohibition. No rebate or refund of any license fee or part thereof shall be made by reason of the nonuse of such license or by reason of a change of location or business rendering the use of such license ineffective. (Ord. 1273 ~ 7 (D), 1988) e Chapter 5.08 AIRCRAFT Sections: 5.08.010 Throwing objects from airplanes prohibited- Exceptions. Commercial enterprises involving aircraft-Permit required. 5.08.020 e 5.08.010 Throwing objects from airplanes prohibited-Exceptions. No person in any aircraft or mechanical contriv- ance used for flying shall cause or permit to be thrown out, dropped, discharged, hurled or released within the corporate limits of the city any object or thing of any kind or description from said aircraft or mechanical contrivance used for flying, except loose water or gasoline or loose sand ballast when absolutely essential to the safety of the occupants of the aircraft, and except as provided in Section 5.08.020 of this chapter. It is declared to be the 5.05.020-5.08.020 intention hereof that this section shall be strictly construed, and shall prohibit the distribution of handbills, circulars, cards, papers, magazines or other printed matter from such aircraft or mechanical contrivance used for flying, except as provided in Section 5.08.020 of this chapter. (Prior code ~ 6.06.010) 5.08.020 Commercial enterprises involving aircraft-Permit required. No person shall distribute printed or written matter of any kind from, make public exhibition flights in, carry or tow banners on or from, operate a loudspeaking device from, or carry explosives in any aircraft or mechanical contrivance used for flying within and over the corporate limits of the city, without first obtaining a permit to do so from the director of public safety. The director of public safety is authorized to issue permits to the pilots or operators of aircraft or mechanical contrivances used for flying for the purposes set forth, if the person operating the aircraft or mechanical contrivance is duly licensed by the Federal Aviation Administration and if, in his judgment, the operation thereof will not endanger public safety of the inhabitants of the city and will promote some interest or cause for the benefit of the city itself, its citizens or the citizens of the United States. Such permit shall set forth the nature and extent of the operation for which the permit is issued and the duration of the permit. (Prior code ~ 6.06.020) 53 (Bozeman 11.01) 5.12.010-5.12.030 Sections: 5.12.010 5.12.020 5.12.030 5.12.040 5.12.050 5.12.060 5.12.070 5.12.080 5.12.090 5.12.100 5.12.110 5.12.120 Chapter 5.12 BEER Applicability. License-Exceptions. City license required- Appli- cation-License fees. Form of city license. Special permits--When granted. Special permits--Limitations-- Fees. City license not transferable-- Exceptions. City license suspension or revo- cation conditions. City license fees. Inspection and control of premises. Restrictions on drinking in a public place. Violation-Penalty. 5.12.010 Applicability. A. For the purposes of this chapter, the definitions, words, phrases and expressions as set forth in this chapter are to be construed the same as those set forth in the Montana Alcoholic Beverage Code. Wherever the words "Montana Alcoholic Beverage Code" are used in this chapter, they shall be held and construed to refer to that code. R All of the prohibitory and regulatory provisions contained in the Montana Alcoholic Beverage Code are adopted as provisions of this chapter and all licenses issued under the provisions of this chapter shall be subject to all applicable prohibitory and regulatory provisions of the code in addition to the provisions of this chapter. (Ord. 1492 S 1, 1999: prior code S 4.04.010) 5.12.020 License-Exceptions. A. The sale of alcoholic beverages is permitted only in districts authorized in Title 18 of this code to allow such sales. (Bozeman 11..0 I) B. The limitations set forth in Section 16-3- 306(1) MCA (1997) do not apply to restaurants holding a "restaurant beer and wine license" also known as a "cabaret beer and wine license" nor to those owning a "catering endorsement" as those terms are defined in the Montana Alcoholic Beverage Code. However, nothing in this chapter shall be construed to allow the business license to be unilaterally approved and all must apply for and receive a conditional use permit as set forth in Title 18 of this code. (Ord. 1492 S 2, 1999: prior code S 4.04.020) e 5.12.030 City license required-Application -License fees. A. No person shall manufacture or sell alcohol in the city, under the provisions of the Montana Alcoholic Beverage Code, or at all, without first procuring a license to do so from the city. Application for a city license shall be made to the city commission on a form to be provided by the director of finance. Separate licenses shall be required for the sale of beer and for the sale of wine. The application will be signed by the applicant, notarized, include the license fee and contain, at a minimum, the following information: 1. Applicant's name, age, and address; 2. The business' name and address or, in the case of a transfer or relocation, the address of the proposed new location; 3. The type of alcohol beverage license either applied for or granted by the state of Montana, when it was applied for, date it was granted and expiration date; 4. A short statement of the applicant's purpose for obtaining the license; s. A short explanation for the applicant's benefit explaining the city's authority to revoke or suspend the business license in response to a similar action by the state of Montana. B. The application shall be filed with the clerk of the commission and presented for the consideration of the commission. The commission may, in its discretion, postpone any action for investigation or other good cause. The action ofthe commission with e e 54 e e e reference to the application shall be recorded in the meeting's minutes. C. If the application is rejected, the reasons must be noted in the minute entry, the applicant notified, and the tendered fee returned. D. License fees must be payable in advance and shall accompany the application therefore, whether original or renewal. All licenses under this chapter will expire at midnight of December 31 st, in the year for which such license is issued. In the event that a license is granted after June 30th of any year, the license fee will be one-half of the entire yearly license. E. If the entire yearly license fee has been paid in advance and the business under the license is discontinued before July I st in the year in which such license is granted, the director of finance will refund one-half of the yearly license fee upon surrender of the license, make an appropriate book entry, and report to the commission. 5.12.040 Form of city license. A. Licenses issued under the provisions of this chapter must be prominently posted in the business and will contain, at a minimum, the following information: 1. The licensee's name and the business' name and address; 2. The purpose for the license; 3. The expiration date of the license; and 4. The minute book and page number containing the commission's approval. B. The director of finance will keep an accurate record of all licenses issued under this chapter, showing the date issued, the minute book and page where authority for its issuance is found, the date of issuance, to whom issued, the amount collected, the date of expiration, a description of the premises, change of location, or transfer, if any, and minute entry showing authority therefor, and any other pertinent fact with reference to such license, so that the same may be conveniently available. (Ord. 1492 ~ 4, 1999: prior code ~ 4.04.040) 5.12.040-5.12.070 5.12.050 Special permits-When granted. A. The city commission, in its discretion and upon application, may grant a special permit to sell beer or wine for consumption on the premises to the following: 1. Any association or corporation conducting a picnic, convention, fair, civic or community enterprise or sporting event within the city limits; 2. A nonprofit arts organization, organized and operated for the principal purpose of providing artistic or cultural exhibitions, presentations, or performances for viewing or attendance by the general public, to be served at an exhibition, production, performance or program for on-premises consumption; and 3. Any other organization or for any other reason the city commission, in its discretion, determines should be allowed to serve or sell alcohol during a function. B. The application for a special permit shall be granted only upon the organization acquiring a special permit from the state of Montana as provided in the Montana Alcoholic Beverage Code. The applicant must specify the location and nature of the event and the period it is scheduled to be held. All applications will be signed by one or more of the association's officers, will be notarized and will be accompanied by the amount of the permit fee. The permit issued under this section will not authorize the sale of beer or wine for a longer period than one day before the event is scheduled to begin and one day after the event has been concluded. (Ord. 1492 ~ 5, 1999: prior code ~ 4.04.050) 5.12.060 Special permits--Limitations-Fees. The city commission will, on an annual basis, set the fee for alcohol licenses as well as special permits by resolution. (Ord. 1492 ~ 6, 1999: prior code ~ 4.04.055) 5.12.070 City license not transferable-- Exceptions. No license issued under the provisions of this chapter shall be transferable except as provided in the Montana Alcoholic Beverage Code, and then only 55 (Bozeman 11-01) 5.12.080-5.12.120 after such transfer is approved by the city commission after written application for permission to transfer. Such application shall be in writing, and the same form as in the original business license application in accordance with S. ~2.030 herein. (Ord. 149297, 1999: prior code 94.04.060) 5.12.080 City license suspension or revoca- tion conditions. The revocation or suspension of any license or permit granted under the provisions of the Montana Alcoholic Beverage Code will also operate as a suspension or revocation, as the case may be, of any license granted under this chapter. (Ord. 1492 9 8, 1999: prior code 9 4.04.080) 5.12.090 City license fees. A. The license fees under this chapter shall be as follows: I. Brewers, one hundred dollars annually; 2. Wholesalers, seventy-five dollars annually; 3. Retailers of beer, two hundred dollars annually; 4. Retailers of wine, two hundred dollars annually; 5. Clubs, thirty-five dollars annually; payable with the application and subject to the half- yearly rate as hereinbefore provided. Fees and fines collected under this chapter shall be allocated to the "protection of life and property fund" of the city of Bozeman, it being hereby recited that licenses imposed under the provisions of this chapter are exlusively for the purpose of defraying the cost of necessary police regulation, inspection and control under the police power of the city, and not for revenue, and that any business licensed under this chapter requires and is subject to the general police regulations of the city for the safety, health, peace, quietness and good order of the city and the inhabitants thereof. B. All fees provided for in this chapter are in addition to any and all other license fees required to be paid under any other ordinance of the city. (Prior code 9 4.04.090) (Bozeman 11-01) 56 5.12.100 Inspection and control of premises. Any business licensed under this chapter shall at all times be subject to the police inspection and control of the city. The licensee, and/or employees of such licensee, hereunder, shall at all times permit any member of the city commission, city manager, city attorney, director of finance, health officer, and member of the police force of the city, and they and/or any of them shall have the right to enter the premises where such licensed business is conducted for inspection of such premises and every part thereof, and for exercise of police supervision, inspection and control thereof, including arrests, so long as any business licensed under this chapter shall be conducted therein or in any part thereof. Denial, restriction or obstruction of such right or permission shall be deemed a violation of this chapter, make any license granted hereunder subject to revocation or suspension forthwith, and subject the offender to the fines and penalties herein provided. (Prior code 9 4.04.100) e 5.12.110 Restrictions on drinking in a public place. "Public place" includes any place, building or vehicle to which the public has, or is permitted to have access and any place of public resort. It is unlawful for any person to drink beer in any public place in the city and within the jurisdiction thereof, except where the sale and drinking of beer is licensed and/or permitted under the provisions of this chapter. (Prior code 9 4.04.110) e 5.12.120 Violation-Penalty. Every person, including those employed in or in connection with any business licensed under this chapter, who is convicted in the police court of the city of any violation of this chapter shall be subject to a fine of not more than three hundred dollars, or imprisonment in the city or county jail for not less than ten days nor more than six months, or both such fine and imprisonment; and in addition to such fine and imprisonment, or either, if the convicted person is a licensee under this chapter, or an employee of such licensee engaged in or about, or in connection e e with, the conduct or operation of the business so licensed, such license may be revoked or suspended, as provided in Section 5.12.080 of this chapter. (Prior code S 4.04.120) Chapter 5.32 PAWNBROKERS AND SECONDHAND DEALERS Sections: 5.32.010 5.32.020 5.32.030 5.32.040 5.32.050 5.32.060 5.32.070 License required. Definitions. License--Application-Fee. Register required. Register-Examination by police. Purchases from minors. Duration articles must be held. e 5.32.010 License required. Every pawnbroker and secondhand dealer before doing any business in the city shall first procure a license therefor as provided in Chapter 5.04. (Ord. 1117 S 9 (part), 1982: prior code S 3.32.010) 5.32.020 Definitions. As used in this chapter, the following words shall have the following meanings: A. "Pawnbroker" means any person whose business it is to take or receive by way of pledge, pawn or exchange, any goods, wares or merchandise, or any kind of personal property whatever, for the repayment or security of money loaned thereon. B. "Secondhand dealer" means any person who engages in the business of buying and selIing secondhand goods, wares or merchandise. of any kind whatever. (Ord. 1117 S 9 (part), 1982: prior code S 3.32.020) 5.32.030 License--Application-Fee. Every pawnbroker or secondhand dealer desiring to do business in the city shall file with the director of finance an application as required in Chapter 5.04 e 5.32.01 {}"--S.32.060 and pay the fee as required in Chapter 5.06. (Ord 1117 S 9 (part), 1982: prior code S 3.32.030) 5.32.040 Register required. Every person licensed under the provisions of this chapter shall keep a book in which shalI be entered in legible writing, the name of all articles, and the description of each (when practicable), of all property purchased or taken as a pledge, pawn or security for money paid, advanced or loaned thereon; and such register and the property so purchased or taken together with the names and residences of the person from whom such property was purchased or taken shall at all times be subject to examination as required in Section 5.32.050. (Ord. 1117 S 9 (part), 1982: prior code S 3.32.040) 5.32.050 Register-Examination by police. No person keeping a register as required in Section 5.32.040 shall fail. neglect. or refuse to exhibit the same to the chief of police, or any policeman, or any third party accompanied by such officer, or any person brought as a friend to redeem property pledged by another, when requested to do so, or refuse to permit the chief of police, or any policeman, or any third party brought by a pledge or to redeem the property pledged, to inspect any such article purchased or received. (Ord. 1117 S 9 (part), 1982: prior code S 3.32.050) 5.32.060 Purchases from minors. No person licensed to do business under the provisions of this chapter shall purchase or receive any article from a minor. without the written consent of a parent or guardian of such minor. Such written consent shall be kept for inspection of any person who may desire to see the same. (Ord 1117 S 9 (part), 1982: prior code S 3.32.060) 57 (Bozeman 11.01) e e e . . . 5.32.070 Duration articles must be held. No property or article purchased or recieved, by any pawnbroker or secondhand dealer shall be sold or taken from the place of business of such pawnbroker or secondhand dealer for one week after the date of its receipt and entry of its description in the register, except upon written authority of the chief of police and when same is sold, the name of the person to whom sold shall be entered into the register o.pposite the article sold. (Ord. 1117 ~ 9 (part), 1982: prior code ~ 3.32.070) Chapter 5.40 HOTEL GUEST REGISTERS Sections: 5.40.010 5.40.020 5.40.030 Definition-Hotel. Guest. Failure to sign register-False en tries. 5.40.010 Definition-Hotel. For purposes of this chapter the word "hotel" means and includes motels, inns, boardinghouses and lodginghouses. (Ord. III 7 ~ I I (part), 1982: prior code * 3.40.010) 5.40.020 Guest. A. Within the meaning of this chapter a "guest" is any person who resorts to a hotel, as defined in Section 5.40.0 10, within the limits of the city for refreshment or lodging for any period of time during the day or night. B. Every hotel in the city shall keep and maintain a register in which each guest shall enter their name and address upon the day of arrival. C. Failure to provide or maintain such a register, or failure to require any guest to enter 5.32.070-5.52.010 their name and address therein on the day of arrival, or to knowingly enter or permit such guest to enter a false or fictitious name or address in such register as the name and address of such guest, shall be a violation of this chapter. (Ord. 1117 ~ II (part), 1982: prior code ~ 3.40.020) 5.40.030 Failure to sign register-False entries. Any guest who fails or refuses to enter their name and address in the register provided upon their arrival, or who enters a false or ficitious name or address as his own in such register, shall be deemed guilty of a violation of this chapter. (Ord. 1117 S 11 (part), 1982: prior code S 3.40.040) Chapter 5.52 LIQUOR-RETAIL SALE Sections: 5.52.010 5.52.020 Defmitions. Ci ty licenses-Requirements generally-Statutory provisions. City licenses- Application- Form, contents and filing. City licenses-Form of issuance. Deposit and use of license fees. Violation-Penalty . 5.52.030 5.52.040 5.52.050 5.52.060 5.52.010 Deflnitions. Whenever used in this chapter, the words and phrases set out in Section 2 of Chapter 84 of 59/63 (Bozeman 10-89) . . . e e e the Laws of the 25th Legislative Assembly of the State of Montana, 1937, codified as RCM Chapter 4-4, shall be given the interpretation and meaning given to such words and phrases in'Section 2, and all 'other words and phrases used in this chapter shall be given their usual and ordinary meaning according to the common un- derstanding and usage of the English language. (Prior code S 4.08.010) 5.52.020 City licenses-Requirements generally-Statutory provisions. 'A. All licensees of the Montana Liquor Control Board licensed to sell liquor at retail in the city shall pay therefor to the city fifty percent of the amount paid to the state for the license to sell liquor at retail from Montana Liquor Control Board; that is to say: 1. Fraternal organizations, sixty~five dollars per year; 2. All other licensees, three hundred dollars per year; provided, that the city will make such pro- portionate refund of any license paid under this chapter as is made by the state, if any, for a part of a year, when such license may be in- effective to permit operations under it, upon like license issued by the 25th Legislative assem~ bly of the state, 1937, under the provisions of which this chapter is adopted. B. No license shall be issued by the city un- der this chapter unless the applicant therefor is licensed by Montana Liquor Control Board to sell liquor at retail in the city, and any license issued under this chapter shall be subject to all of the provisions of Chapter 84 of the Laws of the 25th Legislative Assembly of the State of Montana, 1937, codified as RCM Chapter 4-4, all of the rules and regulations of Montana Liquor Control Board adopted and promul~ gated pursuant to the provisions of Section 22 of said Chapter 4-4, and all of the provisions of this chapter, and all other applicable chapters of the code of the city where not in conflict with the provisions of said Chapter 84, said rules and regulations of this chapter. (Prior code ~ 4.08.020) 5.52.020-5.52.030 5.52.030 City licenses-Application-Form, contents and ming. A. Applications for license under the pro- visions of this chapter shall be in writing, signed and sworned to by the applicant before a person authorized to administer oaths, and be substantially in the following form: City of Bozeman, Montana Application for License to Sell Liquor at Retail Under Chapter 5.52 of the Bozeman Code Date I, , hereby make appli- cation to the City Commission of the City of Bozeman for a license to sell liquor at retail in the City of Bozeman at the premises known and described as , in said City, and I hereby state: That I am the holder of a license from Montana State Liquor Control Board to sell liquor at retail in the City of Bozeman at the above described premises. That said license is dated 19_, and is Numbered That said license is in full force and effect and has not been suspended nor revoked. I agree that if the license hereby applied for is granted it 1. Shall expire with the expiration of the license from Montana Liquor Control Board in this application above described. 2. Shall be subject to all of the provisions of Chapter 84 of the Laws of the 25th Legis~ lative Assembly of the State of Montana, all rules and regulations adopted and promul- gated by Montana Liquor Control Board pur- suant to the provisions of Section 22 of said Chapter 84, all of the provisions of Chapter 5.52 of the City of Bozeman under which this application is made, and all other ap- plicable ordinances of the City of Bozeman where not in conflict with the provisions of said Chapter 84 and said rules and regulations. 3. Shall stand suspended or revoked upon suspension or revocation of the license from Montana Liquor Control Board,' hereinabove referred to and described. 65 (Bozeman 4-83) 5.52.040-5.52.060 4. Shall not be transferable. The fee of $ for the license hereby applied for accompanies this application and is tendered herewith. (Signed) Subscribed and sworn to before me this day of ,19_ B. Such application shall be filed with the clerk of the city commission and be presented by the clerk to the commission at its first regu~ lar meeting after such filing. (Prior code S 4.08.030) 5.52.040 City Iicenses-':Ponn of issuance. Any license issued under the provisions of this chapter shall be substantially in the follow- ing form: CITY OF BOZEMAN, MONTANA Retail Liquor License is hereby licensed to sell liquor at retail at the premises known and described as , Bozeman, Montana, subject to all of the provisions of Chapter 84 of the Laws of the 25th Legis~ lative Assembly of the State of Montana, 1937, the rules and regulations adopted and promulgated by Montana Liquor Control Board pursuant to Section 22 of said Chapter 84, of all of the provisions of Chapter 5.52 of the city code, and all other applicable city ordinances where not in conflict with the provisions of Chapter 84, and said rules and regulations. This license runs concurrently, and expires, with the license issued by Montana Liquor Control Board to the above named , which is dated 19 , and is numbered This license must be posted in a conspicu~ ous place in the premises above described and alongside the license from Montana liquor Control Board as above dated and numbered. (Bozeman 4.83) 66 Director of Finance, City of Bozeman By e Assistant (Prior code S 4.08.040) 5.52.050 Deposit and use oflicense fees. Fees and fines collected under this chapter shall be allocated to the "protection of life and property fund" of the city, it being hereby re- cited that licenses imposed under the provisions of this chapter are exclusively for the purpose of defraying the cost of necessary police regu~ lation, inspection and control under the police power of the city, and not for revenue, and that any business licensed under this chapter re- quires and is subject to the general police regu~ lations of the city for the safety, health, peace, quietness and good order of the 'city and the inhabitants thereof. All fees provided for in this chapter are in addition to any and all other license fees required to be paid under any other city ordinance. (Prior code ~ 4.08.060) 5.52.060 Violation-Penalty. Every person (as defined by Subsection 6 of Section 2 of Chapter 84 of the Laws of the 25th Legislative Assembly of the State of Montana) who violates any of the provisions of this chap~ ter, shall, upon conviction thereof in the police court, be fined in a sum not exceeding three hundred dollars or by imprisonment in the city or county jail for not exceeding ninety days, or by both such fine and imprisonment; and the police magistrate, upon such conviction, shall certify the same forthwith to the city commission who may, in its discretion, forward such certificate to the Montana Liquor Control Board with a request that the license issued to the offender by such board be suspended or revoked, pursuant to the provisions of Chapter 84 applicable to. sucl1, case. (Prior code & 4.08.050) e Editor's Note: Present liquor control regulations are codified under the Montana Alcoholic Beverage Code at MeA ~ 16-1-101 et seq. e e e e Sections: 5.56.010 Chapter 5.56 GAMING Hours of operation of authorized live card games. 5.56.010 Hours of operation of authorized live card games. Pursuant to Section 23-5-307, Montana Code Annotated (MCA), the hours during which live card games authorized by the state of Montana may be played within the jurisdictional limits of the city, include the hours between two a.m. and eight a.m., thereby extending the playing time beyond the two a.m. to eight a.m. closing times established by state law. (Ord. 1283 S 1, 1989) Chapter 5.60 GOING-OUT-OF-BUSINESS SALES Sections: 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 Definitions. License required. Established business requisite. Exception for survivors of businessmen. Denial of future business licenses. Location restricted. Exemptions from provisions designated. License-Application requirements. License-Fee. License-Issuance. License-Period. Nature of sale allowed. Saleable goods allowed. License nontransferable. Duties of licensee. 67/69 5.60.170 5.56.010 License display-Merchandise examination-Advertisement regulations. (Bozeman 9-93) e e e . . . 5.60.010 Definitions. The following words, as used in this chapter, shall have the following meanings: A. "Fire and other altered goods sale" means a sale held out in such a manner as to reasonably cause the public to believe that the sale will offer goods damaged or altered by fire, smoke, water or other means. B. "Going~out-of-business sale" means a sale held out. in such a manner as to reasonably cause the public to believe that upon the dis. posal of the stock of goods on hand, the business will cease and be discontinued, includ~ ing but not limited to the following sales: adjuster's, adjustment, alteration, assignee, bankrupt, benefit of creditor's, benefit of trustees, building coming down, closing, creditor's committee, creditor's, end, executor's, final days, forced out, forced out of business, insolvents', last days. lease expires, liquidation, loss of lease, mortgage sale, receiver's, trustee's and quitting business. C. "Goods" means and includes any goods, wares, merchandise or other property capable of being the object of a sale regulated hereunder. D. "Relocation of business" means a sale held out in such a manner as to reasonably cause the public to believe that the person conducting the sale will cease and discontinue business at the place of sale upon disposal of the stock of goods on hand and will then move to and resume business at a new location in the city or will then continue business from other existing locations in the city. (Ord. 1117 ~ 14 (part), 1982: prior code ~ 3.60.010) 5.60.020 Ucense 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: A. Going~ut~f-business sale; B. Relocation of business sale. (Ord. 1273 ~ 12 (A), 1988: Ord. 1117 ~ 14 (part), 1982: prior code ~ 3.60.020) 5.60.01 0-5.60.060 5.60.030 Established business requisite. Any person who has not been the owner of a business advertised or described in the applica- tion for a license hereunder for a period of at least twelve months prior to the date of the pro~ posed 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 the following proper application of the owner of such business when such applica- tion shows that a hardship exists. (Ord. 1273 S 12 (B). 1988: Ord. 1117 ~ 14 (part), 1982: prior code S 3.60.030) 5.60.040 Exception for survivors of businessmen. Upon the death of a person doing business in this city, his or her heirs, devisees or legatees shall have the right to apply at any time for a license hereunder. (Ord. 1117 ~ 14 (part), 1982: prior code ~ 3.60.040) 5.60.050 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~ut~f~business license. may be denied a new city business license for the same or similar business for a period of ninety days after the expiration of the going~ut-of~business license. (Ord. 1273 ~ 12 (e), 1988: Ord. 1117 ~ 14 (part), 1982: prior code S 3.60.050) 5.60.060 Location restricted. Where a person applying for a license here- under operates more than one place of business, the license issued shall apply only to the one store, or branch specified in the application, and no other store or branch shall advertise or re- present that it is cooperating with it, or in any way participating in the licensed sale, nor shall the store or branch conducting the licensed sale advertise or represent that any other store or branch is cooperating with it or participating in any way in the licensed sale. (Ord. 1117 ~ 14 (part), 1982: prior code ~ 3.60.060) 71 (Bozeman 10-89) 5.60.070--5.60.110 5.60.070 Exemptions from provisions designated. The provisions of this chapter shall not apply to or affect the following persons: A. Persons acting pursuant to an order or process of a court of competent jurisdiction; B. Persons acting in accordance with their powers and duties as public officials; C. Duly licensed auctioneer, selling at an auction; D. Persons conducting a sale of the type regulated herein on the effectivc date of the ordinance codified in this chapter, unless such sale is continued for a period of more than thirty days from and after such effective date, in which event such person, at the lapse of the thirty day period, shall comply with the pro~ visions of this chapter; E. Any publisher of a newspaper, magazine, or other publication who publishes in good faith any advertisement without knowledgc of its false, deceptive or misleading character, or with- out knowledge that the provisions of this . chapter have not been complied with. (Ord. 1117 S 14 (part), 1982: prior code ~ 3.60.070) 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 infor- mation: A. The true name and address of the owner of the goods to be the object of the sale; B. The true name and address of the person from whom he purchased the goods to be sold and the price therefor, and if not purchased, the manner of such acquisition; C. A description of the place where such sale is to be held; D. The nature of the occupancy, whether by lease or sublease and the effective date of termination of such occupancy; E. The dates of the period of time in which the sale is to be conducted; (Bozeman 10-89) F. 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; G. A completc and detailed inventory of the goods to be sold at such sale as disclosed by the applicant's rccords. The inventory shall be at~ tached to and become part of the required ap- plication. 1. Bona Fidc Orders. All goods included in such inventory shall have bcen purchased by the applicant 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 includc goods ordered in contemplation of conducting a sale regulated hercunder. Any unusual purchase or additions to the stock of goods of thc business hereby affected within ninety days before the filing of an application hereundcr shall be deemed to bc or such character. (Ord. 1117 ~ 14 (part), 1982: prior code ~ 3.60.080) . . 5.60.090 License-Fee. An applicant for a licensc hereunder shall sub~ mit to the director of finance an application along with the fee as required in Chapter 5.06. (Ord. 1117 ~ 14 (part), 1982: prior code S 3.60.090) 5.60.100 License-Issuance. Licenses shall be issued hereunder on the following terms: A. Upon tender to the director of finance to the city of the applicant's business license for revocation; B. Upon issuance of a going~out-of~business license at applicant's business location; C. Upon being revoked and terminated. (Ord. Ill? ~ 14 (part), 1982: prior code ~ 3.60.100) 5.60.110 License-Period. The license shall authorize the sale described in the application for a period of not more than . 72 e e e sixty consecutive days, for inventory valued at under five hundred thousand dollars, and ninety days for inventory offive hundred thousand dollars and over, Sundays and legal holidays included, following the issuance thereof. (Ord. 1273 ~ 12 (D), 1988: Ord. 1117 ~ 14 (part), 1982: prior code ~ 3.60.110) 5.60.130 Nature of sale allowed. The license shall authorize only the one type of sale described in the application at the location named therein. (Ord. 1117 ~ 14 (part), 1982: prior code ~ 3.60.130) 5.60.140 Saleable goods allowed. The license shall authorize only the sale of goods described in the inventory attached to the applica~ tion. (Ord. 1117 ~ 14 (part), 1982: prior code ~ 3.60.140) 5.60.150 License nontransferable. Any license herein provided for shall not be assignable or transferable. (Ord. 1117 ~ 14 (part), 1982: prior code ~ 3.60.150) 5.60.160 Duties of licensee. A. Adhere to Inventory. A licensee shall make no additions whatsoever, during the period of the li- censed sale, to the stock of goods to be sold. B. Advertise Properly. A licensee shall refrain from employing any untrue, deceptive or misleading advertising. C. Adhere to Advertising. A licensee shall con~ duct the licensed sale in strict conformity with any advertising or holding out, incident hereto. D. Keep Duplicate Inventory. A licensee shall keep available at the place of sale a duplicate copy of the inventory submitted with the application and shall present such duplicate to inspecting officials upon request. E. Segregate Noninventoried Goods. A licensee shall keep any other goods separate and apart from the goods listed in the field inventory as being ob- jects of sale and shall make such distinction clear to the public by placing tags on aU inventoried goods in and about the place of sale apprising the public 5.60.130--5.60.170 of the status of all goods. (Ord. 1117 ~ 14 (part), 1982: prior code ~ 3.60.160) 5.60.170 License display-Merchandise examination-Advertisement regulations. On commencement of any sale as defined in Section 5.60.010, the license issued by the director of fmance shall be prominently displayed near the entrance to the premises. A duplicate original of the application and stock list pursuant to which the license was issued shall at all times be on the pre- mises and available to the director of finance and the licensee shall permit the director of finance to examine all merchandise on the premises at any time during the period of the sale of comparison with such stock list. All advertisements and advertis- ing, and the language contained therein, shall be in accordance with the purpose of the sale as stated in the application pursuant to which the license was issued and the wording of such advertisements shall not vary from the wording as indicated in the appli- cation. Such advertising shall in no manner or form whatsoever, either directly or indirectly, indicate that such sale is held with the approval of the city. Such advertising shall contain a statement in these words and no others: Sale held pursuant to License No. issued by the Director of Finance of the City of Bozeman on the day of ,19~ and in such blank spaces shall be indicated the license number and the date and issuance of the license. (Ord. 1117 ~ 14 (part), 1982: prior code ~ 3.60.170) 73 (Bozeman 9-93) 5.64.010-5.68.020 Chapter 5.64 UNIFORM SAFETY CODE INSPECTION FEES Sections: 5.64.010 5.64.020 Inspection fees-Exemptions. Definitions. 5.64.010 Inspection fees-Exemptions. A. Every business and organization located in a building or office in the jurisdictional limits of the city shall pay to the city a reasonable inspection fee to insure that the building or office complies with the unifonn safety codes. B. In the enforcement of the unifonn safety codes, the city commission by resolution shall peri~ odically establish a reasonable inspection fee taking into account the actual costs to the city. C. Exemptions. Those businesses and organiza~ tions with a current Bozeman business license shall not be required to pay any additional unifonn safety code inspection fee as the licensing fee included an amount for the safety code inspection. (Ord. 1292 ~ I, 1989) 5.64.020 Definitions. As used in this chapter: "Buildings and offices" means all buildings, structures, rooms, offices, or portions thereof where. in a business or organization is located and which may be accessible to the public, employees, or members or located in such close proximity to other buildings, structures, rooms, offices, or portions thereof so as to constitute a public threat in the event of a unifonn safety code violation. "Business or organization" means any occupation, trade, profession, commercial activity. social activi- ty, fraternal activity or religious activity located or meeting regularly in buildings or offices; includes sole proprietorships, partnerships, corporations, nonprofit corporations, religious corporations, social organizations and fraternal organizations. "Unifonn Safety Codes" means the most recent version of the following codes adopted by the city: (Bozeman 9-93) 1. Unifonn Fire Code; 2. Unifonn Building Code; 3. Unifonn Abatement of Dangerous Buildings Code; 4. Unifonn Plumbing Code; 5. National Electrical Code; 6. Unifonn Mechanical Code; 7. CABO One and Two Family Dwelling Code; 8. Unifonn Housing Code; 9. Unifonn Sign Code. (Ord. 1292 ~2, 1989) e Chapter 5.68 VIOLA TION-PENAL TIES Sections: 5.68.010 Compliance regarding violations. Penalties. Separability clause. Review-Two years. e 5.68.020 5.68.030 5.68.040 5.68.010 Compliance regarding violations. Whenever a violation of this title occurs or is alleged to have occurred, any person may file a written complaint. Such complaint stating fully the causes and basis thereof shall be filed with the director of fmance, who shall make, or cause to be made, a complete investigation of the allegations and take the appropriate action as provided by this title. (Ord. 1117 S 16 (part), 1982: prior code ~ 3.68.010) 5.68.020 Penalties. Violation of the provisions of this title or failure to comply with any of its requirements shall consti- tute a misdemeanor. Any person who violates this title or fails to comply with any of its requirements shall upon conviction thereof be fined not less than one hundred dollars nor more than five hundred dollars, or imprisoned not more than six months, or both, and in addition shall pay all costs and ex- penses involved in the case. Each day such violation continues shall be considered a separate offense and e 74 e e e punishable as such. (Ord. 1117 ~ 16 (part), 1982: prior code ~ 3.68.020) 5.68.030 Separability clause. Should any section or provision of the ordinance codified in this title be 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 unconstitu- tional or invalid. (Ord. 1117 ~ 16 (part), 1982: prior code ~ 3.68.030) 5.68.040 Review-Two years. A. This title may be reviewed by the city com- mission for possible revision and update two years from date of final passage and adoption. B. This section shall not be construed so as to invalidate this title. It shall remain in full force and effect during the period of review, or lack thereof, and shall be superseded only by ordinance as pro~ vided by state statute. (Ord. 1117 ~ 16 (part), 1982: prior code ~ 3.68.040) Chapter 5.70 EMERGENCY MEDICAL SERVICES Sections: 5.70.010 5.70.020 5.70.030 5.70.040 5.70.050 5.70.060 5.70.070 5.70.080 5.70.090 Definitions. License required. Criteria for license. Exemptions. Cancellation of license. Notice and hearing required. Existing services. Exemptions. Penalty. 5.70.010 Definitions. For purpose of this chapter, the following terms and words shall be the meanings set forth in this section, unless the context requires otherwise: 5.68.030-5.70.020 "Ambulance" means a privately or publicly owned motor vehicle or aircraft that is maintained and used for transportation of patients. "City" means the city of Bozeman, Montana. "Emergency medical service" means a pre~hospi- tal or inter-hospital emergency medical transporta- tion or treatment service provided by an ambulance or non-transporting medical unit. "Patient" means an individual who is sick, in- jured, wounded or otherwise incapacitated or help- less. The term does not include a person who is nonambulatory and who needs transportation assis- tance solely because that person is confined to a wheelchair as th~ person's usual mode of mobility. "Person" means an individual, firm, partnership, association, corporation, company, group ofindivid- uals acting together for a common purpose or any other organization of any kind. (Ord. 1436 ~ 1 (part), 1997) 5.70.020 License required. A. A person may not conduct or operate an emergency medical service within the corporate limits of the city without first obtaining a license from the city and otherwise complying with the requirements of this chapter. B. Applications for a license must be made in writing to the city's department of finance on forms specified by the department. C. Each license must be issued for a specific term which shall be concurrent with the term for which the applicant is licensed by the Montana Department of Health and Environmental Sciences pursuant to the provisions of Title 50, Chapter 6, Part 1, Montana Code Annotated. Renewal may be obtained by demonstrating renewal of the required license by the Department of Health and Environ- mental Sciences and compliance with the require- ments of this chapter. D. There must be paid to the city, with each application for a license or for renewal of a license, a license fee of five hundred dollars. E. The license is not transferable. F. The license is nonexclusive. (Ord. 1436 ~ 1 (part), 1997) 75 (Bouman 4-98) 5.70.030-5.70.050 5.70.030 Criteria for license. Any person desiring to obtain the license required by this section shall demonstrate the ability to meet the following requirements: A. The applicant must possess a current license from the Montana Department of Health and Envi- ronmental Services to provide emergency medical services, both trans]X>rt and treabnent services, at the advanced life support level. B. The applicant must provide emergency medi- cal services at the advance life support level throughout the city, twenty-four hours per day, seven 'days per week. C. The applicant must have adequate personnel, vehicles, equipment and facilities to res]X>nd at the advance life support level to emergency calls to all locations within the corporate limits of the city within eight minutes or less on at least ninety per~ cent of such calls. Ambulance res]X>nse time to an emergency request shall be calculated as the actual elapsed time in minutes and seconds from the mo- ment the call is received by the applicant to the moment the first capable unit arrives at the scene of the incident. Where multiple ambulances are dis- patched to the same emergency incident, only the response time of the first ambulance to arrive at the scene shall be counted. D. The applicant must have a commercial gener~ alliability policy, in a fonn acceptable to the city, insuring the applicant for not less than the sum of ten million dollars, per occurrence, for bodily injury or death and ten million dollars, per occurrence, for loss or damage to property. Said policy shall name the city as an additional named insured. The appli~ cant must furnish proof of such insurance coverage prior to issuance of the license. E. The applicant must provide a performance bond, running to the city, in the amount of two hundred fifty thousand dollars, conditioned upon applicant's full compliance with all provisions of this chapter during the entire period that applicant is licensed by the city. Failure to remain in compli- ance with all requirements of this section for the full license period, without a written variance from the city, may result in cancellation of the license and, (Bozeman 4-98) 76 at the city's sole option, fotfeiture of the perfor- mance bond to the city. F. The applicant must comply with all rules and regulations governing emergency medical services and emergency medical teclmicians as promulgated by the Montana Departtnent of Health and Environ- mental Sciences and the Board of Medical Examin~ ers as contained in the Administrative Rilles of Montana. (Ord. 1436 S 1 (part), 1997) e 5.70.040 Exemptions. Applicant shall be exempt from the response time and performance requirements of Section 5.70.030, only as follows: A. Weather Conditions. In the event of an onset of such inclement weather that the city fire chief or designee, in his/her sole discretion, believes that the threat to system wide patient care outweighs the threat to the individual patient care from a delayed response time, the city fire chief may declare a weather emergency, thus suspending response time requirements. A weather emergency will be declared only in times of unusually hazardous driving condi- tions. B. System Overload. During periods of unusual system overload, which shall mean that at least two emergency responses are occurring simultaneously within the incorporated city limits, applicant shall be exempt from the requirements of this chapter and shall use "best efforts" to maintain coverage and performance throughout the incorporated city limits. C. Declared Disaster. During a declared disaster either within the incorporated city limits or in a neighboring community, and confirmed by the city fire chief, applicant shall be exempt from the re- quirements of this chapter and shall use "best ef- forts" to maintain coverage and performance throughout the incorporated city limits. (Ord. 1436 ~ 1 (part), 1997) e 5.70.050 Cancellation of license. The city may cancel a license if it finds that the licensee has: A. Violated any provision of this chapter or of the rules promulgated by the Montana Department e e e e of Health and Environmental Sciences or the Board of Medical Examiners, as contained in the Adminis~ trative Rules of Montana. B. Failed or refused to remedy or correct the violation within the time and in the manner directed by the city. (Ord. 1436 ~ 1 (part), 1997) 5.70.060 Notice and hearing required. The city shall not deny or cancel a license with- out: A. Delivery to the applicant or licensee of a written statement of the grounds for denial or can- cellation or the charge involved. B. An opportunity to answer at a hearing before the city commission to show cause, if any, why the license should not be denied or cancelled. After receipt of written notice of grounds for denial or cancellation or charges, any applicant or licensee desiring a hearing before the city commis- sion must make written application within ten days. (Ord. 1436 ~ 1 (part), 1997) 5.70.070 Existing services. Any person providing emergency medical servic- es within the city as of the effective date of this chapter shall have a period of one hundred twenty days to meet the requirements and obtain the license required by this chapter. (Ord. 1436 ~ 1 (part), 1997) 5.70.080 Exemptions. The provisions and requirements of this chapter shall not apply to: A. The fire department of the city. B. Any person providing emergency medical services outside the city who, in the course of pro- viding such services, transports a patient from out- side the city into or through the city. C. Any person providing emergency medical services within the city who is providing such ser- vices at the request of the city pursuant to a written mutual aid agreement between the city and the person. (Ord. 1436 ~ 1 (part), 1997) 5.70.060--5.70.090 5.70.090 Penalty. In addition to all other penalties provided in this chapter, any persons violating the provisions of this chapter shall, upon conviction thereof, be punished as provided in Section 1.16.010. Each day such violation continues or occurs shall be considered a separate offense. (Ord. 1436 ~ 1 (part), 1997) 77/91 (Bozeman 4-98) e e e