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HomeMy WebLinkAbout09-24-07 Provisional Ordinance No 1722 13 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Anna Rosenberry, Finance Director Chris Kukulski, City Manager SUBJECT: 1st Reading – Ordinance No. 1722 MEETING DATE: September 24, 2007 BACKGROUND: Currently, the cost of city alcohol (beer, wine, and liquor) licenses are written in the Bozeman Municipal Code and require adoption of an ordinance to change these license fee amounts. The attached ordinance changes the code to allow these fees to be set by resolution. RECOMMENDATION: Adopt the Ordinance No. 1722 for ease of adjustment of future beer, wine, and liquor license fees and for simplification (nearly all other fees are established by resolution.) FISCAL EFFECTS: Adoption of this ordinance has no fiscal effects. ALTERNATIVES: As suggested by the City Commission. Respectfully submitted, Anna Rosenberry, Finance Director Chris A. Kukulski, City Manager Attachment: Ordinance No. 1722 101 ORDINANCE NO. 1722 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN MONTANA PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY REVISING SECTIONS 5.12.090 AND 5.52.020 TO ESTABLISH THAT ANNUAL BEER, WINE AND LIQUOR LICENSE FEES WILL BE SET BY RESOLUTION. BE IT ORDAINED By the City Commission of the City of Bozeman Montana that, Section 1 The Bozeman Municipal Code Section 5.12.090 is hereby amended so that such section shall read as follows: “5.12.090 City License Fees A. The License Fees under this chapter shall be as follows: established by resolution. 1. 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; B. License fees under this chapter are 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 exclusively 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. C. 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.” Section 2 The Bozeman Municipal Code Section 5.52.020 is hereby amended so such section shall read as follows: “5.52.020 City Licenses – Requirements Generally – Statutory Provisions 102 A. All licensees of the Montana Liquor Control Board licensed to sell liquor at retail in the city shall pay therefore to the City an annual license fee, to be established by resolution. 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 proportionate refund of any license paid under this chapter as is made by the State, if any, for a part of the year when such licenses may be ineffective to permit operations under it, up on like license issued by the 25th Legislative Assembly of the State, 1937, under the provisions of which this chapter is adopted.” Section 3 Repealer: All resolutions ordinances and sections of the Bozeman Municipal Code and parts thereof in conflict herewith are hereby repealed. Section 4 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 Section 5 Severability: If any portion of this ordinance or the application thereof to any person or circumstances is held invalid such invalidity shall not affect other provisions of this ordinance which may be given effect without the invalid provisions or application and the provisions of this ordinance are declared to be to this end severable. Section 6 Effective Date: This ordinance shall be in full force and effect thirty 30 days after final adoption. PASSED by the City Commission of the City of Bozeman Montana on first reading at a regular session thereof held on the 24th day of September. ___________________________________ JEFF KRAUSS Mayor 103 ATTEST: ______________________________________ STACY ULMEN City Clerk PASSED, ADOPTED AND FINALLY APPROVED by the City Commission of the City of Bozeman Montana on second reading at a regular session thereof held on the 8th day of October. ___________________________________ JEFF KRAUSS Mayor ATTEST: ______________________________________ STACY ULMEN City Clerk APPROVED AS TO FORM: ___________________________________ PAUL J. LUWE City Attorney 104