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Ordinance 82- 1117 Amending Title 3
ORDINANCE NO. 1117 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING TITLE 3, BUSINESSES, REGULATIONS AND LICENSING, OF THE BOZEMAN MUNICIPAL CODE PROVIDING FOR THE LICENSING OF ALL INDUSTRIES, TRADES, PURSUITS, PROFESSIONS, VOCATIONS AND BUSINESSES, PRO- VIDING FOR BONDING OF CERTAIN ENTERPRISES FOR THE PUBLIC PROTECTION, PROVIDING PENALTIES FOR VIOLATIONS AND REPEALING ORDINANCES #264, #413, #455, #580, #583, #584, #587, #608, #613, #637, #645, #750, #759, #944, #950 AND #1029 AND PARTS OF ORDINANCES IN CONFLICT HEREWITH. BE IT ORDAINED BY THE CITY COMMISSION of the City of Bozeman: SECTION I That Title 3, Business-Regulation and Licensing, of the Bozeman Municipal Code be, and the same Is hereby amended to read as follows: CHAPTER 3.01 GENERAL PROVISIONS 3.01.010 TITLE This ordinance shall be known and cited as the Business Licensing Ordinance of the City of Bozeman and referred to as the licensing code of the Bozeman Municipal Code. 3.01.020 MINIMUM REQUIREMENTS In their interpretation and application the provisions of this ordinance shall he held to be minimum requirements adopted as an exercise of the general police powers of the City of Bozeman for the promotion of health, sanitation, traffic control, building use, fire protection, and general welfare of the community. SECTION 2 CHAPTER 3.04 DEFINITIONS 3,04,010 CONTRACTOR, BUILDING A contractor Is a person, firm, or corporation who, in the pursuit of any Independent business, undertakes to do a specific piece of work for other persons, using his own means and methods without submitting himself to their control In respect to all Its details, and who renders service in the course of an Independent occupation representing the will of his employer only as to the result of his work and not as to means by which It Is accomplished, This definition shall include all building trades such as, but not limited to, general, carpenter, electrical, plumbing, roofing, mechanical, sheetmetal and excavating contractors, 3.04.020 BUSINESS Employment, occupation, profession, or commercial activity engaged in for gain or livelihood. Activity or enterprise for gain, benefit, advantage or livelihood, 3,040,030 BUSINESS, GENERAL All businesses licensed by the City of Bozeman shall be categorized under General Business unless otherwise specified In this ordinance. 3.04,040 Director of Finance The Director of Finance shall be that person appointed by the City Manager as the head of the Department of Finance whose duty it shall be to keep and supervise all accounts and be the custodian of all public money of the City and shall include but not be limited to the issuance of licenses and the collection of license fees and taxes. 3.04.050 Floor Area The total number of square feet of floor space within the exterior walls of a building including basements and all other areas used for the purpose being licensed. 3.04.060 MANUFACTURING The process or operation of making goods or any material produced by hand, by machinery or by other agency; anything made from raw materials by the hand, by machinery, or by art. The production of articles for use from raw or prepared materials by giving such materials new forms, qualities, properties or combinations, whether by hand, labor or machine. 3.04,070 NONPROFIT ORGANIZATION A nonprofit organization is any group which Is religious, charitable, social, educational, recreational or scientific which does not contemplate the —2— distribution of pecuniary gains, profit or dividends to the members thereof and that pecuniary Profit is not the object of the group, 3,04.080 SERVICES, OUTSIDE Those businesses, occupations, trades and pursuits whose services are not rendered from their business location, rather the services must be rendered at the customer's location. This category would Include but not be limited to the following services: tree spraying, tree trimming, custodial services and landscaping. 3,04.090 TRANSPORTATION FIRMS Transportation for hire, engaged in intracity, interurban or intercity transporting of persons, freight, commodities, refuse or any other type of goods, Transportation firms which fall into this category Include but are not limited to bus companies, taxicabs and limousine services, automobile rentals and -leasing, trucking companies, intracity transportation and delivery services, charter and tour bus businesses, refuse or solid waste haulers, truck terminals and ambulance services. 3.04.100 UTILITIES Utilities services falling within the following listed categories: electric power, natural gas, telephone, and any other public utility not otherwise classified In this chapter, 3.04,110 VEHICLE Every device in, upon or by which a person or property is or may be transported upon a highway. SECTION 3 CHAPTER 3.08 ADMINISTRATION AND ENFORCEMENT 3.08:010 LICENSE REQUIRED Pursuant to the provisions of Title 7, Chapter 21, Parts 41 and 42, MCA, no person, firm, association, or corporation shall conduct, operate, transact, engage In or carry on any industry, trade, pursuit, profession, vocation or business within the City of Bozeman without first applying for -3- and obtaining a license therefore from the City of Bozeman, as herein provided. Exception.: A sole proprietor or an independent agent conducting a business from a residence with no employees or agents, providing it is located In a valid zoning district, shall be exempt from the provisions of this title, 3.08.020 LICENSE--EACH SEPARATE BUSINESS Except as otherwise provided, no license issued by the Director of Finance shall cover more than one classification of license or more than one trade, business, occupation, pursuit, vocation or entertainment, 3,08.030 EXERCISE OF GENERAL POLICE POWERS All industries, trades, pursuits, professions, vocations and businesses are required to procure licenses under the provisions of this title as a result of special services, regulation, Inspection, control and protection provided under the general police powers of the City of Bozeman, In view of such special services involving health, sanitation, traffic control, building use, fire protection and control, enforcement of the laws of the State of Montana, and general conditions of the Bozeman Municipal Code, a fee (as specified elsewhere in this title) for each license shall be deposited with the Director of Finance. 3.08.040 ALLOCATION OF FEES All fees collected under this title shall be deposited by the Director of Finance In the All Purpose General Fund and used to support the various departments, divisions, and activities of the City of Bozeman charged with providing the special services outlined In Section 3.08.030 above, and for the administration of this title. 3.08,050 INSPECTION AND REGULATION OF LICENSES Every person, firm, association, or corporation licensed under the pro- visions of this title shall be subject to regulation, Inspection, control and supervision under the general pollee power of the City of Bozeman and all of the ordinances now In force, or which may be hereafter adopted, In aid of such police power and regulation; and each and every license shall be subject to suspension and revocation as provided In Section 3,08,110, 3,08,060 DUTIES OF THE DIRECTOR OF FINANCE, In addition to the duties and responsibilities imposed by Section 3,08.030 of this chapter, it shall be the duty of the Director of Finance -4- to prepare all blanks for applications, licenses and books Of account In connection therewith, receive and process all license applications and Issue licenses In accordance with the provisions of this title. The Director of Finance may from time to time appoint assistants who shall have essentially the same responsibilities as the Director of Finance as they apply to this title. 3.08.070 APPLICATION--DENIAL All applications shall be filed with the Director of Finance, or duly authorized representative, along with the appropriate fee as provided'fn Chapter 3.12 of this title. No application shall be considered filed unless accompanied by the appropriate fee. At the discretion of the Director of Finance or the City Manager an application for license may be held and placed on the next available agenda of the City Commission, which may In its discretion, decline to issue a license for cause shown, when, In the judgment of the City Commission, it would be In the best Interest of the City of Bozeman to refuse such license, Upon refusal to issue a license the City Commission shall order the refund of the fee deposited with the application except as noted in Section 3.08.110. 3,08,080 LICENSE--ISSUE Upon successful application, or directive from the City Manager or on directive from the City Commission, the Director of Finance or duly appointed representative shall Issue a license In accordance with the provisions of this title. No license shall be transferable to another licensee and it shall be so stated on both the application and the license. For transfer of business location see Section 3.08.130. 3,08,090 TERM OF LICENSE Except as otherwise provided herein, all licenses issued under the provisions of this title shall be for the calendar year in which they are Issued and shall expire December 31 of such year. An applicant, meeting all other requirements of this title, applying for a license after June 30 and said application is for a new business or —5— pursuit not previously licensed by the City of Bozeman, shall be entitled to a one--half year license at one-half the fee as required in Chapter 3,12. of this title. Any license issued for a specified date, time or place shall not be a license for any other date, time or place, 3.08.100 LICENSE--WHEN DELINQUENT All applications for an annual license, as required herein, shall be filed with the Director of Finance not later than February 15 of each year, 'These applications filed after the 15th of February are hereby declared delinquent and subject to a delinquent charge as provided in Chapter 3,12. Applications post--marked by midnight February 15 shall not be declared delinquent. ExceLti©n; This section shall not apply to those applications filed for a half year license as provided for in Section 3,08,090. 3.08,110 SUSPENSION AND REVOCATION OF LICENSE Whenever in the judgment of the City Manager (or the Director of Finance or the Director of Public Safety acting on behalf of the City Manager) any licensee under this title is conducting the business, trade, occupation, vocation, performance, entertainment or profession so licensed, in a manner which violates the provisions of this title, any ordinance or regulation under the general police power of the City of Bozeman, or in any manner detrimental to the public health, morals or welfare, he shall serve notice upon the licensee personally, or shall leave notice at his place of business with the person in charge thereof, to the effect that the current license is in jeopardy of suspension or revocation. The notice shall also state when the matter will be discussed by the City Commission. After hearing all the testimony, the City Commission shall have the power and authority to suspend the license for any period not exceeding sixty (60) days, or revoke such license, by order entered upon the minutes of the proceedings of the City Commission, a copy of which order shall be served upon the licensee, or left at his place of business with any person in charge thereof, and such license shall stand suspended, or revoked, as in such order specified, If, when revoked, any license has an unexpired period of six (6) months or more, the City Commission, in its discretion, may refund 50 percent of the original license fee. -6- 3,08.120 UNCERTAINTY WHICH LICENSE APPLIES In the event there is any doubt about the classification, or license fee to be paid, or whether one or more license fees should he paid, the matter shall be referred to the Director of Finance, who shall decide the question, subject to appeal to the City Commission. If such appeal is to be taken, no license shall be issued while the same Is pending, The applicant shall pay the tee or fees required by the Director of Finance and apply to the City Commission for any refund to which the applicant may consider himself entitled. 3.08.130 TRANSFER OF LOCATION When a business is moved from one location to another the license for such business shall be transferred to the new location, The licensee shall file a new application and deposit the necessary transfer fee as required In Chapter 3.12 of this tjtl(-,. 3,08.140 INVESTIGATION--BACKGROUND When a background investigation Is required by this title the applicant shall file with the Director of Finance the application for license, personal history questionnaire and fees as required In Chapter 3.12 of this title, Background Investigations shall be conducted by the Police Division prior to the issuance of any license. The Police Division shall have up to ten (10) days to complete a background investigation of the applicants, If a license Is denied as a result of the investigation, the applicant may appeal to the City Commission for a hearing on the application. In no case shall the Investigation fee, or any portion thereof, be refunded, 3,08.150 LICENSE--POSTING REQUIRED Every license Issued under the provisions of this title shall be posted in a conspicuous place on the premises where the business is conducted, All licenses issued for a business without a fixed place of business shall be carried by the licensee while the licensee Is conducting business and shall be shown to any person with whom the licensee Is conducting business or any police officer upon demand. 3.08,160 LICENSE ISSUED CONTRARY TO TITLE Any license Issued In violation of this title shall be null and void and of no effect without the necessity of any proceedings or a revocation or nullification thereof. —7— 3.08.170 UNLAWFUL ACTIVITIES NOT LICENSED No provision herein contained shall be construed so as to License any trade, business, occupation, vocation, profession, or entertainment prohibited by any law of the United Sates, of the State of Montana, or any ordinance of the City of Bozeman, 3.08.180 INTERSTATE COMMERCE Nothing in this title contained Is intended to operate as to Interfere with the power of the Congress of the United States to regulate the commerce between the states. SECTION 4 Chapter 3.12 FEE SCHEDULE FFFS--LICFNSF, INVESTIGATION, TRANSFER, BOND DEPOSIT 3.12.010 GENPRAI, BITSTNPSS LICENSE FFE—GROUP—SQUAR-E FOOTAGE-- - MINIMUMIMAXIMUM For purposes of establishing business license fees, all businesses, unless otherwise specified In this chapter, shall be classified Into Groups 1, 11, 111, or IV In accordance with the potential degree of special services required as outlined In 3,08.030. For purposes of establishing business license fees all businesses, unless otherwise specified In this chapter, shall be based on the square-,- footage of the business being licensed, The following formulas shall be used to establish the annual license fee of all businesses classified in Section 3.12,010, Group 1 $30 x square foot of building (in thousands) Group 11 $25 x square foot of building (in thousands) Group 111 $20 x square foot of building (in thousands) Group IV $15 x square foot of building (in thousands) Example: Group I business with a total square footage of 3,880 $30 x 3.9 = $117.00 A minimum of $40 and a maximum of $150 is hereby established for all business license fees using the formula in this section, –8– 3.12.020 BOILERROOM OPERATIONS The license fee for a boilerroorn operation shall be as follows: (1) One to seven telephones, One Hundred Dollars ($100) per week for each week of operation or portion thereof, (2) Eight or more telephones, Two Hundred Dollars ($200) per week for each week of operation or portion thereof, 3,12.030 BUILDING CONTRACTOR The license tee for all building contractors as defined In Section 3.04,010 shall be $100 per year. 3,12.040 ELECTRONIC GAME S--AMUSEMEN T The license fee for all electronic games or any mechanical device operated for the sole purpose of amusement of the patrons shall be $40 per machine or device per year. 3.12,050 GAMING--BINGO AND RAFFLES The license fee for gambling tables, or gaming tables and one electronic poker machine as limited in Section 3.56,100, shall be as follows: lst table or machine $ 500.00 2nd table 500.00 3rd table 750,00 4th table 1,000.00 The license fee for additional card tables for playing bridge, cribbage, hearts, pinochle, pitch, rummy, whist, and solo which are solely for the amusement of the players shall be $50 per table, The license fee under the Bingo and Rattles Law as set forth in Section 3,56.130, shall be $250 per year. Exception: Temporary licenses--under Section 3,56,140 Gaming establishments--$25 per day Others--$25 or 5% of the actual value of prizes to be awarded, whichever Is the larger amount. 3,12.060 GOING OUT OF BUSINESS The license fee for (1) going out of business sales; (2) relocation of business sale; and (3) fire and other altered stock sale shall be $150, 3,12,070 HUCKSTERS The license fee for each huckster as defined in Section 3.23.020 shall be Fifty Dollars ($50) per six months, —9— 3.12.080 ITINERANT VENDOR'S The license fee for each itinerant vendor as defined in Section 3.16.020 shall be Fifty Dollars ($50) per ninety days, 3.12.090 TRANSIENT RETAIL MERCHANTS The license fee, for each transient retail merchant as defined in Section 3.24.020 shall be $100 for the first week or fraction thereof, and $25 for each succeeding week or fraction thereof, 3.12.100 TRANSIENT WHOLESALE MERCHANTS The license fee for each transient wholesale merchant as defined in Section 3.2.0.020 shall be $100 for the first week or fraction thereof, and $25 for each succeeding week or fraction thereof. 3,12,110 JUNK DEALERS The license fee for each junk dealer as defined in Section 3.36.020 shall be $150 per year, 3,12.120 MANUFACTURING The license fee for manufacturing establishments as defined in Section 3.04.060 shall. be $7:5 per year, 3.12,130 OUTSIDE SERVICES The license fee for outside services as defined in Section 3,04.080 shall be $50 per year, 3.12.140 PAWN BROKERS AND SECOND--HAND DEALERS The license fee for pawn brokers and second-hand dealers as defined in Section 3.32,020 shall be $150 per year. 3.12,150 CAFES, CAFETERIAS, COFFEE SHOPS, DINING ROOMS, ICE CREAM PARLORS, LUNCH ROOMS AND RESTAURANTS The license fee for cafes, cafeterias, coffee shops, dining rooms, ice cream parlors, lunch rooms, and restaurants, and the like, whether conducted alone or in connection with another business, shall be as follows; (1) Serving meals or lunches and the like at counters only, $50 per year. (2) Serving meals or lunches and the like at counters, tables or booths, or any combination thereof, $100 per year, -10-- 3.12.160 TRANSPORTATION FIRMS The license fee for transportation firms as defined in Section 3.04.120 engaged in intracity, Interurban or intercity transportation of persons, freight, commodities and the like shall be as follows: (1) First vehicle (as defined in Section 3.04.110), $150, (2) Each additional vehicle (as defined In Section 3,04,110), $35, 3.12.170 U TILITIES The license fee for utilities as defined in Section 3,04,100 shall be $400 per year. 3,12.180 MISCELLANEOUS BUSINESSES NOT INCLUDED IN SECTION 3,12,010 OR OTHERWISE CLASSIFIED BY THIS CHAPTER, The license fee for miscellaneous businesses not Included in Section 3.12.010 or otherwise classified by this chapter shall be as follows: (1) Auctioneers, $125 per year, (2) Carnivals, street fairs, tent shows and the like either within the corporate limits of the city or within three miles of said corporate limits; single tent shows $125 per day, Each additional show, game, concession and miscellaneous riding devices, $30 per day. Parades $50 per day in addition. (3) Circuses, menageries, wild animal shows and the like, dog and pony shows, rodeos, and all exhibitions and entertainment of a similar character whether in the open or under canvas either within the corporate limits of the city or within three miles of said corporate limits, first ring, $350 per day; each additional ring, $125 per day. Parades $150 per day in addition. (4) Demonstrations or exhibitions of any article, implement, utensil, goods, wares, products or merchandise of any kind, for the purpose of advertising or selling the same any place within the corporate limits of the city, $50 per year. (5) Fortune tellers, astrologers, clairvoyants, horoscopists, palmists, phrenologists, Itinerant medical practitioners, hypnotists, mediums, readers of past or future by whatsoever name called, $60 per day. (6) Botels, motels, lodging or rooming houses: 1 to 15 rooms $50 per year More than 15 rooms $50 plus $5 per room over 15 per year. (7) Packing or slaughter houses either within the corporate limits of the city or within three miles of said corporate limits, $150 per year. (8) Railroads, $350 yer year. (9) Skating rinks, Ice or roller, $150 per year, —11— (10) Theaters, $1.50 per year per theater whether attached or not. (11) Tourist parks, $75 per year. (12) Trailer courts (mobile home courts, 1 to 15 hook-ups, $75; more than 15 hook-ups, $125, 3.12.190 TRANSFER FEE A transfer fee of $25 shall accompany the new application to transfer a business from one location to another. 3.12,200 INVESTIGATION FEE When an investigation fee is required for bollerroom operations, a fee of $200 for each person Investigated, shall accompany the application for license, When an investigation fee is required for a gaming,establishment, a fee of $200 for each person listed on the application shall accompany the application for license., 3,12.210 DELINQUENT CHARGE When an application is declared delinquent as provided in Section 3,08,100, a delinquent charge of 10 percent of the annual license fee - per month, or part thereof, the application remains delinquent, shall be due and payable along with the annual license fee, 3.12,220 BOND REQUIRED When a bond is required by this title the following shall apply„ No license shall be issued until the applicant has placed on file with the Director of Finance a surety bond executed by a surety company duly licensed to do business in Montana conditioned that the licensee shall fully comply with the terms of this title and shall pay any and all judgments which may be obtained against it or him on the part of any person arising out of such operation of the performance, or breach, of any contract entered into by the licensee, The bond shall remain in effect for the period of one (1) year from the expiration date of the license issued or until all judgments arising out of any legal action Instituted within the one (1) year period and covered by the bond have been fully satisfied and paid, whichever occurs last. Bond required above shall be in the following sums: -12- 1, Itinerant Vendors $ 500 2. Transient Retail Merchants $ 5,000 3. Transient Wholesale Merchants $ 5,000 4, Junk Shops $ 5,000 5, Bollerroom Operations 810,000 Note: A certified check, a cashier's check or cash may be substituted for the surety bond required in this section, A personal check shall not be accepted, SECTION 5 CHAPTER 3,16 ITINERANT VENDORS 3.16.010 LICENSE REQUIRED Every Itinerant vendor before doing any business in the City of Bozeman shall first procure a license therefore as provided In Chapter 3.08 of this title, 3,16,020 DEFINITIONS Any person engaged or employed in the business of retailing to consumers by going from consumer to consumer, either on the streets or to their places of residence or employment, and there soliciting, selling, or offering to sell, or exhibiting for sale, by sample, by catalogue, or otherwise, or taking orders for future delivery of any goods, wares or merchandise, or for services to be performed in the future, Is within the meaning of this chapter, an "Itinerant vendor"; a "consumer" is one who purchases, uses, maintains, and disposes of products and services. 3.16.030 LICENSE•-APPLICATION--FEE--BOND Every Itinerant vendor desiring to do business In the City of Bozeman shall file with the Director of Finance an application as required in Chapter 3.08 of this title, pay the fee as required in Chapter 3,12 of this title, and deposit the bond as required in Chapter 3,12 of this title, -13- 3.16.040 LICENSE—DURATION A license to carry on the business of an itinerant vendor shall authorize the applicant to conduct such business for a period not to exceed ninety (90) days. SECTION 6 CHAPTER 3,20 TRANSIENT WHOLESALE MERCHANTS 3,20,010 LICENSE REQUIRED Every transient wholesale merchant before doing any business In the City of Bozeman shall first procure a license therefore as provided in Chapter 3.08 of this title. 3,20.020 DEFINITIONS (a) Any person who shall bring Into temporary premises In the pity of Bozeman any goods, wares, articles of merchandise, notions, articles of trade, natural products of the farm, natural products of the orchard, vineyard, garden or apiary, raw or manufactured, or beverages (except beer, wine and liquor and defined in Title 4 of the Bozeman Municipal Code), who solicits, sells or offers to sell, or exhibits for sale any of the above at wholesale, Is, within the meaning of this chapter, a "transient wholesale merchant," and such definition shall continue to apply until such person shall be continuously engaged at such particular place in the City of Bozeman for a period exceeding six (6) months. (b) "Temporary premises," within the meaning of this chapter, shall be construed to mean any hotel, motel, rooming house, storeroom building, or any part of any building whatsoever, tent, vacant lot, freight station, railroad car or truck, temporarily occupied for the business defined above. 3,20.030 LICENSE--APPLICATION--FEE--BOND Every transient wholesale merchant desiring to do business In the City of Bozeman shall file with the Director of Finance an application as required in Chapter 3.08 of this title, pay the fee as required in Chapter 3.12 and deposit the bond as required in Chapter 3.12 of this title. —14— 3.20,040 EXCEPTIONS The provisions of this chapter do not apply to: S. A rancher, farmer, or gardener selling his own products, 2. A trucker operating for hire under an M.R.C. license and not buying or selling any produce. 3.20.050 INSPECTION OF AGRICULTURE PRODUCTS Whenever any person applies for a license, as required in this chapter, for the sale of natural products of the ranch, farm, orchard, vineyard or garden, as defined in Section 3.20.020, which have been or are brought into the City of Bozeman for sale from outside the State of Montana, such person shall exhibit and show to the Director of Finance a certificate of inspection of such products by the Department of Agriculture of the State of Montana, or the Commissioner thereof, setting forth that the said natural products have been inspected by such officer upon entering the state, as required by the lows of the State of Montana, and no license shall be issued until such inspection has been made and certificate issued. SECTION 7 CHAPTER 3.24 TRANSIENT RETAIL MERCHANTS 3,24.010 LICENSE REQUIRED Every transient retail merchant before doing any business in the City of Bozeman shall first procure a license therefore as provided In Chapter 3,08 of this title, 3,24,020 DEFINITIONS (a) Any person who shall bring into temporary premises into the City of Bozeman 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 at retail is within the meaning of this chapter a "transient retail merchant," and such definition shall continue to apply until such person Is continuously engaged at such temporary premises for a period of one (1) year, (b) "Temporary premises," within the meaning of this chapter, —15— shall be construed to mean any hotel, motel, rooming house, storeroom building, or any part of any building whatsoever, tent, vacant lot, freight station, railroad car or truck, temporarily occupied for the business defined above,. 3,24.030 LICENSE--APPLICATION--FEE--BOND Every transient retail merchant desiring to do business in the City of Bozeman shall file with the Director of Finance an application as required in Chapter 3,08 of this title, pay the fee as required in Chapter 3,12 and deposit the bond as required in Chapter 3.12 of this title, SECTION 8 CHAPTER 3.28 HUCKSTERS 3,28.010 LICENSE REQUIRED Every huckster before doing any business in the City of Bozeman shall first procure a license therefore as provided in Chapter 3.08 of this title. 3,28,020 DEFINITIONS Any person engaged or employed in the business of buying and selling farm products who disposes of such products by selling them at retail to consumers by going from house to house, is within the meaning of this chapter, a "huckster," 3,28,030 LICENSE--APPLICATION--FEE Every huckster desiring to do business in the City of Bozeman shall file with the Director of Finance an application as required in Chapter 3,08 and pay the fee as required in Chapter 3,12 of this title, 3.28,040 LICENSE--DURATION A license to carry on the business of a huckster shall authorize the applicant to conduct such business for a period not to exceed six (6) months, SECTION 9 CHAPTER 3,32 PAWNBROKERS AND SECOND-HAND DEALERS 3,32,010 LICENSE REQUIRED Every pawnbroker and second-hand dealer before doing any business in the City of Bozeman shall first procure a license therefore as provided In Chapter 3,08 of this title. -16- 3,32,020 DEFINITIONS (a) 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, shall be deemed a "pawn- broker," (b) Any person who shall engage In the business of buying and selling second—hand goods, wares or merchandise, of any kind whatever, shall be deemed a "second—hand dealer." 3,32.030 LICENSE--APPLICATION--FEE Every pawnbroker or second—hand dealer desiring to do business in the City of Bozeman shall file with the Director of Finance an application as required in Chapter 3.08 and pay the fee as required in Chapter 3.12 of this title. 3.32.040 REGISTER REQUIRED Every person licensed under the provisions of this chapter shall keep a book in which shall 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, together with the names and residences of the person from whom such property was purchased or taken; and such register and the property so purchased or taken shall at all times be subject to examination as required in Section 3,32,050, 3,32.050 REGISTER--EXAMINATION BY POLICE No person keeping a register as required In Section 3.32.040 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. 3.32.060 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 —17— 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. 3,32.070 DURATION ARTICLES MUST AE HELD No property or article purchased or received, by any pawnbroker or second-hand dealer shall be sold or taken from the place of business of such pawnbroker or second-hand dealer for one (1) 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 opposite the article sold. SECTION 10 CHAPTER 3.36 JUNK DEALER 3.36,010 LICENSE REQUIRED Every person operating a junk shop before doing any business in the City of Bozeman shall first procure a license therefore as provided in Chapter 3.08 of this title. 3.36,020 DEFINITIONS Any person who carries on the business of buying, selling or dealing in ,junk, rags, old rope, paper, bagging, old iron, iron bars, copper, brass, tin, empty bottles, rubber, lead, or any other articles or thing that Is ordinarily disposed of or recycled shall be deemed a "Junk dealer." 3.36.030 LICENSE--APPLICATION--FEE--BOND Every junk dealer desiring to do business In the City of Bozeman shall file with the Director of Finance an application as required in Chapter 3.08 of this title, pay the fee as required in Chapter 3.12 of this title and deposit the bond as required In Chapter 3.12 of this title, 3.36,040 REGISTER REQUIRED Every person licensed under the provisions of this chapter shall keep a book in which shall be entered in legible writing a record of each purchase along with a detailed, description of each and every article or thing .purcbased or received, The precise time of such purchase or receipt, the exact amount paid therefore, the name and residence or place of business of the person -18- from whom the article or thing was purchased or received, and particular mention must be made of any prominent or descriptive marks that such article or thing may bear, 3,36,050 REGISTER--EXAMINATION BY POLICE No person keeping a register as required in Section 3,36,040 shall fail, neglect or refuse to exhibit the same to the Chief of Police or any member of the police force, or any person authorized by him or them to make such request, and shall also upon request, exhibit any article or thing purchased or received, 3,36.060 DAILY REPORTS TO POLICE Every person licensed under the provisions of this chapter shall submit a daily report to the Chief of Police, prior to 12, o'clock noon, giving an accurate and correct account and description of each and every article or thing purchased or received by him during the preceding day„ the precise time of such purchase or receipt, the exact amount paid therefore, the name and residence or place of business of the person from whom such article or thing was purchased or received, and particular mention of any prominent or descriptive marks that such article or thing may bear, 3,36.070 TIME ARTICLES MUST BE HELD No personal property or article of any kind purchased or received by any such dealer shall be sold or allowed to be taken from the place of business of such dealer for a period of one week, Sunday excepted, after the copy and statement required by Section 3,36,060 above shall have been delivered to the Chief of Police, Upon notification by the Chief of Police, or his authorized repre- sentative, such dealer shall not sell or otherwise dispose of any article or thing purchased or received by him for a period of twenty (20) days after such notification, 3,36,080 ALTERATION OF ARTICLES RECEIVED No dealer licensed under this chapter shall break, bruise, melt, cut, tear or mutilate any article or thing purchased or received by him, so as to in any way change or alter the form, shape, appearance or condition of such article or thing; nor shall he cause or permit the same to be done, In addition, no such dealer shall buy, handle, deal In or have in his possession any article or thing mutilated, altered or damaged as herein described, —19— 3.36,040 PROHIBITED ARTICLES AND TRANSACTIONS No dealer licensed under this chapter shall buy, sell or deal in any article of household furniture, or any Implement, tool, utensil, or other thing in a sound, new, or undamaged condition; nor shall there be advanced any money or other valuable consideration on the security of such article or thing, In addition, no such dealer shall buy, handle, deal in or have in his possession any ore, rock, quartz, amalgam, matte, or concentrates- , containing silver, gold, copper, or other valuable metals not manufactured, 3,36.100 TRANSACTIONS WITH MINORS No dealer licensed under this chapter shall purchase or receive any goods, article or thing whatsoever from any minor, unless accompanied by a parent or guardian. Nor shall any such dealer have any business dealings whatever with any minor unless accompanied by a parent or guardian, 3.36.110 ACTINC AS PAWNBROKER PROHIBITED No dealer licensed under this chapter shall carry on, or hold a license to carry on., the business of a pawnbroker, 3.36.120 REVOCATION OF LICENSE; Every license granted or to be granted under this chapter shall be subject to revocation in the manner provided in Section 3,08,110 of this title. 3.36,130 LOST OR STOLEN GOODS--NOTICE TO POLICE. If any goods, article or thing shall be advertised in any daily or weekly newspaper printed in the City of Bozeman as having been lost or stolen, or If notice of such loss or theft be given in person or otherwise to any person licensed hereunder, and if any of the said goods, article or thing, or anything answering to the description of the goods, article or thing so advertised or any part of portion thereof, shall then be or thereafter come Into the licensee's possession, notification shall be given to the Police Division thereof in writing. Said notice shall also state from whom the same was received. 3.36.140 LOST OR STOLEN GOODS--EXHIBITION UPON DEMAND Every licensee hereunder who shall receive or be in possession of any goods, articles or things which may have been lost or stolen, shall upon -20- demand to view the same exhibit the same to any member of the Police Division or any person authorized to make such demand, 3.36.150 EXEMPTION—PAPER DEALERS The provisions of this chapter shall not apply to persons engaged only in buying or collecting rags or paper to be used exclusively in the manufacture of paper. SECTION 11 CHAPTER 3.40 HOTEL GUEST REGISTERS 3.40.010 DEFINITION—HOTEL For purposes of this chapter the word hotel sballinclude motels, inns, boarding houses and lodging houses. 3.40.020 GUEST Within the meaning of this chapter a guest Is any person who shall resort to a hotel, as defined above, within the limits of the City of Bozeman for refreshment or lodging for any period of time during the day or night, Every hotel in the City of Bozeman shall keep and maintain a register in which each guest shall enter their name and address upon the day of arrival. Failure to provide or maintain such a register, or failure to require any guest to enter 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, 3.40.040 FAILURE TO SIGN REGISTER--FALSE ENTRIES Any guest who falls or refuses to enter their name and address in the register provided upon their arrival, or who shall enter a false or fictitious name or address as his own in such register, shall be deemed guilty of a violation of this chapter. SECTION 12 CHAPTER 3.44 POOL AND BILLIARD HALLS 3,44.010 HOURS OF OPERATION All pool balls and billiard halls shall close each night In the year by 2 a.m. and shall be kept, and remain closed, until at least 8 a,m, the following morning, —21— 3.44.020 PRESENCE ON PREMISES AFTER HOURS--PROHIBITED No person except the owner, agent or employees of any pool hall or billiard hall, shall be, or remain, in such place of business between the hours of 2 a.m. and 8 a.m. of the following morning, 3,44,030 PRESENCE ON PREMISES AFTER HOURS--PENALTY Any person or persons except the owner, agent or employees of such owner, of any pool hall or billiard hall who are found within such pool hall or billiard hall between the hours of 2 a,m, and 8 a.m, of the following morning, shall be deemed guilty of a violation of this chapter and shall be punishable as provided In Chapter 3.68 of this title. 3,44.040 VIOLATIONS--REVOCATION OF LICXNSI.� The license, of any owner or proprietor, of any pool hall or billiard hall, who shall violate the provisions of this chapter, shall upon conviction for the second offense, In addition to the punishment as provided In Chapter 3,68 of this title, be revoked as provided in Section 3.08.110 of this title, and no license shall be issued to the same owner or proprietor for the same place of business for a period of six months thereafter, SECTION 13 CHAPTER 3,56 CAMINC LICENSES 3.56.010 LICENSE REQUIRED—APPLICATION AND INVESTIGATION Pursuant to the provisions of Title 23, Chapter 5, MCA, no gambling game shall he conducted In the City of Bozeman, by anyone, either as owner, lessee, or employee, whether for hire or not, either solely or in conjunction with others, on premises which have been licensed for the sale of liquor, beer, food, cigarettes or any other consumable products, without having first procured and thereafter maintaining In full force and effect a gaming license issued by the governing body. Prior to the Issuance of a license, as herein provided, the applicant shall file with the Director of Finance an application In writing, signed by the applicant and directed to the commission, which application shall specify the location by street and number of the premises where authorized card games and games of chance are to be conducted under the license applied for. The application shall state the names of all individuals and persons financially interested in the premises, the license sought, or the business —22— conducted on the premises. The application must be accompanied by satis- factory evidence that the applicant is currently licensed for the sale of liquor, beer, food, cigarettes or any other consumable product, or has applied for such a license, and the applicant must further authorize the chief of police to investigate the applicant's character, background and associations, and the suitability of the premises for gaming. The license application shall set forth the character of the gaming to be conducted, Including the actual number of games to be operated. Prior to the issuance of a gaming license the applicant shall deposit the application along with the fee as required in Chapter 3,12 and the investigation fee required in Chapter 3,12 of this title. 3.56,020 GROUNDS FOR NONISSUANCE--DESIGNATED No license shall be issued to or held by: (1) A person who has been convicted of being the keeper or who is keeping a bouse of ill fame; (2) A person who has been convicted of pandering or other crime or misdemeanor opposed to decency and morality, under the laws of the federal government or any state of the United States: (3) A person who has been convicted of a felony; (4) A person whose license :Issued under this chapter has been revoked for cause; (5) A person who, at the time of application for renewal of any license Issued hereunder, would not be eligible for such license upon a first application; (6) A person who is not a citizen of the United States and who has not been a resident of the state of Montana for at least one year immediately preceding the filing of the application for license; (7) A person who is not the owner and operator of the business; or (8) A person who has been convicted of a violation of the Montana Card Games Act or the Bingo and Raffles Law. 3.56.030 GROUNDS FOR NONISSUANCE--UNSUITABLE PREMISES The governing body may deny a gaming license if the governing body deems that the place or location for which the license is sought is unsuitable for the conduct of gaming operations. —23— 3.56.040 APPLICATIONS IN NAMES OF FINANCIALLY INTERESTED PERSONS Applications for licenses shall be in the names of all persons financially Interested or to be financially interested in the business to be conducted pur- suant thereto, and the names of all such persons shall appear on such licenses. A disqualification of any one or more such persons to hold such licenses shall disqualify all thereof. 3,56.050 INELIGIBILITY OF PERSONS WITH GAMING INTEREST OUTSIDE OF STATE No person who, at the time of applying for a gaming license, owns, controls, or has any interest of any kind in any gaming establishment or game outside the state of Montana, or is employed by or in any such game or establishment, or has any association by name or in any other manner whatsoever in or with any such game or establishment, whether such be legal or illegal, shall be eligible to receive a gaming license, 3.56,060 ADDITIONAL LICENSING--GAMING LICENSE AS A REVOCABLE PRIVILEGE It is the declared policy of the City of Bozeman, that all premises which are licensed for the sale of liquor, beer, food, cigarettes or any other con- sumable products and on which authorized gambling games are conducted or operated, are licensed and controlled so as to better protect the public health, safety, morals, good order and welfare of the inhabitants of the City of Bozeman. Any gaming license which is issued Is a revocable privilege and no person holding such a license is deemed to have acquired any vested rights therein. 3.56.070 APPLICANT TO ACCEPT RISKS An applicant for a gaming license Is seeking the granting of a privilege, and the burden of proving his qualifications to receive any license is at all times on the applicant. An applicant must accept any risk of adverse public notice, embarrassment, criticism or other action or financial loss which may result from action with respect to an application and expressly waive any claim for damages as a result thereof, 3.56.080 APPLICANT MAY CLAIM CONSTITUTIONAL PRIVILEGES An applicant may claim any privilege afforded by the Constitution of the United States or of the State of Montana, in refusing to answer questions -24- by the governing body. However, a claim of privilege with respect to any testimony or evidence pertaining to an application may constitute sufficient grounds for denial, 3,56.090 SERVING NOTICE TO APPEAR The city may, upon receipt of an application or any information which Indicates an applicant or licensee may be ineligible to hold a license, serve notice upon the applicant or licensee to appear before it and respond to charges or supply information, 3.56,100 ISSUANCE UNDER MONTANA CARD GAMES ACT--FEES-- PAYMENT Each person obtaining a license under this chapter for the operation of a gaming establishment under the Montana Card Games Act shall pay an annual license free as set forth in Chapter 3,12, Each establishment paying the license fee required in Chapter 3,12 shall be entitled to operate and conduct one card table for the purpose of playing panguingue or poker, or one electronic poker machine. Each person desiring a license to operate. more than one gaming table, or one machine, shall pay an additional annual license fee as set forth in Chapter 3.12 per table, At no time, however, shall any establishment be licensed to operate more than four gaming tables or three gaming tables and one electronic poker machine, Such license fee shall be due and payable on the 30th day of June of each year. Failure to pay the license fee on or before the time stated shall result in the revocation of the license, Each person obtaining a license shall be entitled to operate additional card tables to be used for playing bridge, cribbage, hearts, pinochle, pitch, rummy, whist and solo for amusement of the players and not as a gambling game for an additional charge as set forth in Chapter 3,12. 3.56,110 NO CHARGE FOR ADDITIONAL GAMING TABLES WHEN Any fraternal or country club or veteran's organization holding a� license under these regulations shall be entitled to operate additional gaming tables without charge on special occasions and social meetings of the members, -25- 3,56,120 GAMBLING OR AMUSEMENT TABLE DESIGNATION REQUIRED There shall be a conspicuous sign placed in proximity of each card table stating whether the table Is to be used as a gambling table or amusement table. 3.56.130 ISSUANCE UNDER BINGO AND RAFFLES LAW Each person obtaining a license under the Bingo and Raffles Law shall pay an annual fee as required in Chapter 3,12 of this title. The license fee shall be due and payable on the first day of July of each year. Failure to pay the license fee on or before the time stated shall result in the revocation of the license, 3.56.140 ISSUANCE UNDER BINGO AND RAFFLES LAW-- TEMPORARY LICENSES Each person not obtaining an annual license under this chapter may obtain a temporary license for each day of operation under the Bingo and Raffles Law and shall pay the fee as required in Chapter 3.12 of this title, No more than two temporary licenses may be Issued to any one person or for the benefit of any one organization in any one year to conduct a raffle. The date upon which the raffle is to conclude with award of prizes must be specified in the application for a license and shall not be less than thirty (30) days nor more than ninety (5'0) days from the first day chances to participate were offered for sale. 3,56.150 HEARINGS-PROCEDURE Any hearings conducted under the foregoing regulations shall follow the model procedures set forth in the Montana Administrative Procedure Act and the Montana Administrative Code, when practicable. 3.56.160 REVOCATION Any licenses issued pursuant to these regulations shall be deemed to be a revocable privilege, and no holder thereof shall acquire any vested rights therein or thereunder. Licenses issued under these regulations may be revoked for any violation or breach of these regulations, for any violation of the Montana Card Games Act, or for any violation of the Bingo and Raffles Law. -26- SECTION 14 CHAPTER 3.60 GOING-OUT-OF-BUSINESS SALES 3,60,010 DEFINITIONS "Fire and other altered goods sale" is 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,. "Going-out-of-business sale" is a sale held out in such a manner as to reasonably cause the public to believe that upon the disposal of the stock of goods on hand, the business will cease and be discontinued, including 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, "Goods" is meant to include any goods, wares, merchandise or other property capable of being the object of a sale regulated hereunder. "Relocation of business" is 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. 3,60.02.0 LICENSE REQUIRED A license issued by the Director of Finance shall be obtained by any person before offering to sell any goods at a sale to be advertised or held out by any means to be one of the following kind: (1) Going-out-of-business sale; (2) Relocation of business sale; and (3) Fire and other altered stock sale. 3.60.030 ESTABLISHED BUSINESS REQUISITE Any person who has not been the owner of a business advertised or described in the application for a license hereunder for a period of at -27- least twelve months prior to the date of the proposed sale shall not be granted a license, except that this minimum may be waived by the Director of Finance with concurrence of the City Manager and following proper application of the owner of such business when such application shows that a hardship exists. 3,60.040 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. 3.60.050 INTERVAL BETWEEN SALES Any person who has held a sale, as regulated hereunder, at the location stated in the application within one year past from the date of such application shall not be granted a license.. 3.60.060 LOCATION RESTRICTED Where a person applying for a license hereunder 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 represent that it is cooperating with it, or in any way parti- cipating 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, 3.60.070 EXEMPTIONS FROM PROVISIONS DESIGNATED The provisions of this chapter shall not apply to or affect the following persons: (1) Persons acting pursuant to an order or process of a court of competent jurisdiction; (2) Persons acting in accordance with their powers and duties as public officials; (3) Duly licensed auctioneer, selling at an auction; (4) Persons conducting a sale of the type regulated herein on the effective 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 provisions of this chapter; (5) Any publisher of a newspaper, magazine, or other publication who publishes In good faith any advertisement without knowledge of its false, deceptive or misleading character, or without knowledge that the provisions of this chapter have not been complied with. -28- 3.60.080 LICENSE--APPLICATION REQUIRRMEN'rs A person desiring to conduct a sale regUl'ItOd 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 Information: (1) The true name and address of the owner of the goods to be the object of the sale; (2) 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; (3) A description of the place where such sale is to be held; (4) The nature of the occupancy, whether by lease or sublease and the effective date of termination of such occupancy; (5) The dates of the period of time In which the sale Is to be conducted; (6) 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; (7) A complete and detailed inventory of the goods to be sold at such sale as disclosed by the applicant's records, The inventory shall be attached to and become part of the required application, a. Bona Fide Orders. All goods included in such inventory shall have been purchased by the applicant for resale on bona fide orders without cancellation privileges and shall not comprise goods purchased on consignment. b. Goods Purchased for Sale Hereunder. Such Inventory shall not Include goods ordered In contemplation of conducting a sale regulated hereunder. Any unusual purchase or additions to the stock of goods of the business hereby affected within ninety (90) days before the filing of an application hereunder shall be deemed to be of such character, 3,60.090 LICENSE--FEE An applicant for a license hereunder shall submit to the Director of Finance an application along with the fee as required in Chapter 3.12 of this title. 3,60,100 LICENSE--ISSUANCE Licenses shall be Issued hereunder on the following terms: (1) Upon tender to the Director of Finance to the city of the applicant's business license for revocation; (2) Upon Issuance of a going out—of—business license at applicant's business location; (3) Upon being revoked and terminated, —29— 3.60,110 LICENSE--PERIOD The license shall authorize the sale described in the application for a period of not more than sixty (60) consecutive days, Sundays and legal holidays included, following the issuance thereof. 3.60,130 NATURE OF SALE ALLOWED The license shall authorize only the one type of sale described in the application at the location named therein, 3,60,140 SALEABLE GOODS ALLOWED The license shall authorize only the sale of goods described in the inventory attached to the application. 3,60,150 LICENSE NONTRANSFERABLE Any license herein provided for shall not be assignable or transferable, 3.60.160 DUTIES OF LICENSEE (1) Adhere to Inventory, A licensee shall make no additions whatsoever, during the period of the licensed sale, to the stock of goods set forth In the inventory attached to the application for license. (2) Advertise Properly, A licensee shall retrain from employing any untrue„ deceptive, or misleading advertising. (3) Adhere to Advertising. A licensee shall conduct the licensed sale in strict conformity with any advertising or holding out, incident hereto. (4) 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. (5) Segregate Noninventoried Goods. A licensee shall keep any other goods separate and apart from the goods listed in the filed Inventory as being objects of sale and shall make such distinction clear to the public by placing tags on all inventoried goods in and about the place, of sale apprising the public of the status of all goods. 3,60,170 LICENSE DISPLAY--MERCHANDISE EXAMINATION-- - ADVERTISEMENT REGULATIONS On commencement of any sale as defined in Section 3.60.010, the license issued by the Director of Finance shall be prominently displayed near the -30- 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 premises and available to the Director of Finance and the licensee shall permit the Dir- ector of Finance to examine all merchandise on the premises at any time during the period of the sale of comparison with such stock list. An advertisements and advertising 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 application. 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 It and in such blank spaces shall be indicated the license number and the date and issuance of the license, SECTION 15 CHAPTER 3.64 BOILERROOM OPERATIONS 3.64.010 DEFINITIONS (a) Boilerroom operation," as used in this chapter, means and Includes_ any of the following: (1) Any mass telephone solicitation operated by any person, as defined in this section, using one or more telephones each operated by an employee whose principal duty Is to solicit by telephone, whether located in the same room or building or not, for the purpose, directly or indirectly, of selling any product or service, or combination thereof, whatsoever, to the general public for which any monetary consideration Is charged to and received from the person being so sollcite d; (2) The use of any automatic telephone device or devices to contact the general public under any pretext whatsoever for the purpose, directly or indirectly, of selling any product or service, or combination thereof, whatsoever, to the general public for which any monetary consideration Is charged to and received from the person being so contracted, (b) "Conduct," as used in this chapter, means initiating telephone calls from without the city and completing them within the city as well as initiating telephone calls from within the city. (c) "Person," as used in this chapter, means natural person, partnership, corporation, organization, or any combination of the same. -31- 3,64.020 LICENSE REQUIRED--APPLICATION AND INVESTICATION No person shall conduct any boilerroom operation within the City of Bozeman without first obtaining a business license therefore. An application for same shall be filed with the Director of Finance along with the proper fee as required in Chapter 3.12 of this title. Nonprofit organizations are excluded from this chapter. However, if the nonprofit organization retains any business or professional promoter to organize or assist in a boilerroom operation, that business or professional promoter must comply with the provisions of this chapter. In addition, a background investigation of each person involved in a boilerroom operation shall be conducted by the Police Division prior to the issuance of any license, A background investigation fee as required in Chapter 3.12 of this title shall be paid to the Director of Finance. The Police Division shall be allowed up to ten days to conduct background investigations of the applicants. If a license is denied by City officials' investigation, the applicant may appeal to the City Commission for a hearing on the application, 3.64.030 LICENSE FEES The license fee for such boilerroom operation shall be as required in Chapter 3.12 of this title. 3.64.040 LICENSE--BOND No license shall be issued by the Director of Finance until the applicant has answered fully all questions on the application form provided by the Director of Finance and until the applicant has placed on file with the Director of Finance a surety bond as required in Chapter 3.12 of this title. 3,64,090 LICENSE REFUSE TO ISSUE Whenever the City Commission deems it in the public interest, it may, by resolution adopted by four-fifth (4/9) vote of all the members of the City Commission, refuse to authorize the issuance of any license for a boilerroom operation, 3,64.060 LICENSE--REVOCATION Every license granted or to be granted under this chapter shall be subject to revocation in the manner provided in Section 3,08,110 of this title. -32- SECTION 16 CRAPTER 3,68 VIOLA TION--PENAL TIES 3.68.010 COMPLIANCE REGARDING VIOLA'T'IONS 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 Finance, who, shall make, or cause to be made, a complete investigation of the allegations and take the appropriate action as provided by this title, 3.68.020 PENALTIES Violation of the provisions of this title or failure to comply with any of its requirements shall constitute 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 ($100) nor more than Five Hundred Dollars ($500) or imprisoned not more than six (6) months or both and in addition shall pay all costs and expenses Involved in tf e case. Each day such violation continues shall be considered a separate offense and punishable as such. 3.68.030 SEPARABILITY CLAUSE Should any section or provision of this ordinance as declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of this title as a whole or any part thereof other than the part so declared unconstitutional or invalid. 3,68.040 REVIEW--TWO YEARS This ordinance may be reviewed by the City Commission for possible revision and update two years from date of final passage and adoption. This section shall not be construed so as to invalidate this ordinance, It shall remain in full force and effect during the period of review, or lack thereof, and shall be superseded only by ordinance as provided by state statute, 3,68,050 REPEAL All ordinances and parts of ordinances in conflict herewith are hereby repealed and ordinances #264, #413, #455, #580, #583, #584, #587, #608, #613, #637, #645, #750, #759, #944, #950, and #1029 and all subsequent amendments thereto are specifically repealed. -33- PASSED AND ADOPTED BY THE CITY COMMISSION of the City of Bozeman, Montana, and approved by the Mayor of said City this y day of c ) 1982. NAY ATTEST: CLERK OF THE CITY COMMISSION