HomeMy WebLinkAbout19- Ordinance 2028 Delegating to the City Manager the Authority to Issue Alcohol Licenses ORDINANCE NO. 2028
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA AMENDING CHAPTER 4 — LIQUOR — RETAIL SALES, BOZEMAN
MUNICIPAL CODE DELEGATING TO THE BOZEMAN CITY MANAGER THE
AUTHORITY TO ISSUE ALCOHOL LICENSES WITHIN THE CITY
WHEREAS, the City of Bozeman (the "City") is authorized by the City Charter and
Montana law to protect public health, safety and welfare of the citizens of Bozeman, and
WHEREAS, it is the intent of the City Commission to delegate responsibility to the City
Manager to approve City licenses for alcohol sales to increase efficiencies in the City's licensing
process.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA:
Section 1
That section 4.02.030, Bozeman Municipal Code is revised as follows:
Sec. 4.02.030. - 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 fiom the city.
Application for a city license shall be made to the city managereommission.on a form to be
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Ordinance 2028, Delegating Alcohol License Approval Authority to the City Manager
provided by the city treasurer three+,, f administrative serviees. 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, when it
was „plie f r,the date it was granted and expiration date;
4. A short statement of the applicant's purpose for obtaining the license;
5. 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.
B. The application shall be filed with the city treasurer e-lerk and presented for the consideration
of the city manager�. The ci . manager comrnissio may,in its use discretion,to
postpone any action for investigation or other good cause. The ae4i,r of the ,.oflu-issi,r
r-eferenee to the applieation shall be r-eeofded in the meeting's minutes.
C. If the application is rejected,the reasons must be noted on the application it the„-,mute entr �
the applicant notified, and the tendered fee returned.
D. License fees must be payable in advance and shall accompany the application therefor,whether
original or renewal. All licenses under this article will expire at 12:00 midnight of December
31,in the year for which such license is issued. In the event that a license is granted after June
30 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 1 in the year in which such license is granted, the city treasurer
dire ter f aa,,,in s+,.afivo will refund one-half of the yearly license fee upon surrender
of the license_,make a appropriate book ei#r ,, and report to the
Section 2
That section 4.02.040, Bozeman Municipal Code is revised as follows:
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Ordinance 2028,Delegating Alcohol License Approval Authority to the City Manager
Sec. 4.02.040. - Form of city license.
A. Licenses issued under the provisions of this article 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.;--�
4. The minute book and page number-eentaining the eonnnission's approval.
B. The city treasurer aireeter of administrativeser-vieeswill keep an accurate record of all licenses
issued under this article, showing the date issued, the minutebook and page .,here authority
for its issua ee ;s 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 ,,,,,,,ority therefor, and any other pertinent fact with reference to such license,
so that the same may be conveniently available.
Section 3
That section 4.02.050, Bozeman Municipal Code is revised as follows:
Sec. 4.02.050. - Special permits—When granted.
A. The city manager . ,with 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 manager�, with 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 as provided in the Montana Alcoholic Beverage Code. The
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Ordinance 2028, DelegatingAlcohol License Approval Authority to the City Manager
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.
Section 4
That section 4.02.070, Bozeman Municipal Code is revised as follows:
Sec. 4.02.070. - City license not transferable; exceptions.
No license issued under the provisions of this article shall be transferable except as provided
in the Montana Alcoholic Beverage Code, and then only after such transfer is approved by the city
manager Ems. 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
section 4.02.030.
Section 5
That section 4.02.100, Bozeman Municipal Code is revised as follows:
Sec. 4.02.100. -Inspection and control of premises.
Any business licensed under this article 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, city treasurer, code
compliance officer,dire,for f.,a,,.mist,..,, health officer,fire department,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 article 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 article,
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Ordinance 2028,Delegating Alcohol License Approval Authority to the City Manager
make any license granted hereunder subject to revocation or suspension forthwith, and subject the
offender to the fines and penalties herein provided.
Section 6
That section 4.02.110, Bozeman Municipal Code is revised as follows:
Sec. 4.02.110. -Violation; penalty.
Every person, including those employed in or in connection with any business licensed under
this article, who is convicted in a court of competent jurisdiction of any
violation of this article shall be subject to a fine of not more than$300.00, or imprisonment in the
ei jail for not less than ten days nor more than six months, or both such fine and
imprisonment; and in addition to such fine and imprisonment, or either, if the convicted person is
a licensee under this article, or an employee of such licensee engaged in or about, or in connection
with, the conduct or operation of the business so licensed, such license may be revoked or
suspended, as provided in section 4.02.080.
Section 7
That section 4.03.030, Bozeman Municipal Code is revised as follows:
Sec. 4.03.030. - Same—Application; form, contents and filing.
A. Applications for license under the provisions of this article shall be in writing, signed and
sworn to by the applicant before a person authorized to administer oaths. , and be substapAi ll
in the following f
City of Bozeman, Montafta
Application orLieense to Sell Liquor at Retail oTiider-Chapter 4, Axttt"le 3 of the
Bozeman Go&
Date
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Ordinance 202$Delegating Alcohol License Approval Authority to the City Manager
r hereby make ., ,Beat,., to the e tom, . of the City B
1, , 11VlVV,' 111U11V U�/�ll
for a heense to sell liquor at retail in the City of Bozeman at the pFemises known and
de-seribe a -aid City, and r hereby tate
retail i the City .,-FBoze -,a at the above desefibe,l
1VLUll 111 L11V V1L}' Vl LVLV111U31
That said he€nse is dated 20 �xr'a,ris Numbered
That said lieense is in full fafee and eff-eet and has not been suspended nor revoked.
i us .
Sha4l expire with the expi-ration of the heense ft-ofn Montana DepaAment of Revenue ifl.
this plio do above deser-ibed.
2. Shall be sttbjee4 to A of the . . . f the Montana Aleoholie Bever-age Code, all.
rules and fegulations adopted and pronmlgated by Montana Department of Revenue
pufsuanl to the provisions of sueh > >
City of Bozeman Code tmder whieh tMs appheation is made, and all other applieable
or-dinanees of the City of Bozeman where not in eonfliet with the provisions of s
Mor1tana Al6oholie Bever-age Code and said,.,,les a,-,.1 regulations..
3. Shall stand suspended or revoked upo I . . or revoeation of the license ffom th-e
Montana Depaftment of Revenue,Z her-ein boverefeffe`lrto and dcseribe lc.
4. ShA not-be-4ansf€rable.
The fee of$ for-the lieense hereby applied for aeeompanies this appheation
is tendefed here...;tl,
(Signed)
Subscribed and sworn to before me this day of , 20
B. The application for license shall be on a form adopted by the city manager.
the eommission.,t the next available meeting
Section 8
That section 4.03.040, Bozeman Municipal Code is repealed in its entirety.
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Ordinance 2028,Delegating Alcohol License Approval Authority to the City Manager
Section 9
That section 4.03.060, Bozeman Municipal Code is revised as follows:
Sec. 4.03.060. -Violation; penalty.
Every person, as defined by the Alcoholic Beverage Code, who violates any of the
provisions of this article, shall, upon conviction thereof in a court of competent jurisdiction the
ram, be fined in a sum not exceeding $300.00 or by imprisonment in the city or county
jail for not exceeding 90 days, or by both such fine and imprisonment; and the 'ut dg_e police
upon such conviction, shall certify the same forthwith to the city treasurer
eornmission who may, in its discretion, forward such certificate to the Montana Department of
Revenue with a request that the license issued to the offender by such board be suspended or
revoked,pursuant to the provisions of Montana Alcoholic Beverage Code applicable to such
case.
Section 10
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 11
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
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Ordinance 2028,Delegating Alcohol License Approval Authority to the City Manager
provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full
force and effect.
Section 12
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 13
Codification.
This Ordinance shall be codified as indicated in Section 1 —9
Section 14
Effective Date.
This ordinance shall be in full force and effect thirty (30) days after final adoption.
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Ordinance 2028,Delegating Alcohol License Approval Authority to the City Manager
PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on the 41h day of November, 2019.
CYNT A L. RUS
Mayor
ATTEST:
OZE
ROBIN CROUGH ~ • y5 .
City Clerk * ����.0 0
�L�ATIN CO
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 18th of
November, 2019. The effective date of this ordinance is December 18,2019.
THIJ L. RUS
ayor
ATTEST:
B
O '
�,.
ROBIN CROUGH •
City Clerk = \ ^•�'
1883 .• cam APPROVED AS TO FORM:
�ZO . .
G SULLIVAN
City Attorney
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