HomeMy WebLinkAbout10-15-07_Finally adopt Ordinance No_ 1722, Establishing Bee_5
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Anna Rosenberry, Finance Director
Chris Kukulski, City Manager
SUBJECT: Finally Adopt Ordinance No. 1722
MEETING DATE: October 15, 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
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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
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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
ATTEST:
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___________________________________________
Stacy Ulmen, City Clerk
PASSED by the City Commission of the City of Bozeman Montana on second reading at a
regular session thereof held on the 15th day of October.
______________________________________
Jeff Krauss, Mayor
ATTEST:
___________________________________________
Stacy Ulmen, City Clerk
APPROVED AS TO FORM:
___________________________________
PAUL J. LUWE
City Attorney
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