HomeMy WebLinkAboutTitle_05 Business Taxes, Licenses, and Regulations
Title 5
BUSINESS TAXES, LICENSES, AND REGULATIONS
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
5.64 Uniform Safety Code Inspection Fees
5.70 Emergency Medical Services
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Chapter 5.01
GENERAL PROVISIONS
Sections:
5.01.010 Title
5.01.020 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 S 1, 1988)
5.01.020 Scope
It is not intended by this chapter to repeal, abrogate, annul, or in any way impair or interfere
with existing provisions of other laws or ordinances, except those specifically repealed by this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 S 2, 1988)
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Chapter 5.02
DEFINITIONS
Sections:
5.02.010 Generally
5.02.020 Business
5.02.030 City
5.02.040 City License Officer
5.02.050 Electronic Amusement Games
5.02.060 Going-out-of-business Sale
5.02.070 Home Occupation
5.02.080 Itinerant Vendor
5.02.090 License
5.02.100 Nonprofit Organization
5.02.110 Person
5.02.120 Property Manager
5.02.130 Square Footage
5.02.140 Temporary Premises
5.02.150 Transient Merchant
5.02.010 Generally
For the purpose of this chapter, the following 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 discretionary. (Ord. 1273 S 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. 1273 S 3 (A), 1988)
5.02.030 City
"City" is the city of Bozeman, Montana. (Ord. 1273 S 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 S 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 S 3 (D), 1988)
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
discontinued. Going-out-of-business sales shall be strictly limited to stock on hand at the
commencement of the sale. (Ord. 1273 S 3 (E), 1988)
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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 shall 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 S 3 (F), 1988)
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. 1273 S 3 (G), 1988)
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. 1273 S 3 (H), 1988)
5.02.100 Nonprofit Organization
"Nonprofit organization" is any group which does not distribute pecuniary gains, profits, or
dividends, and pecuniary gains is not the objective of the organization. Nonprofit organizations
or groups must be recognized as such by the United States Internal Revenue Service and the
Montana Department of Revenue. (Ord. 1273 S 3 (I), 1988)
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. 1273
S 3 (J), 1988)
5.02.120 Property Manager
"Property manager" means a "person" which rents or leases rental units and does not include
hotels or motels. (Ord. 1273 S 3 (K), 1988)
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 S 3 (L), 1988)
5.02.140 Temporary Premises
"Temporary premises" means any hotel, motel, rooming house, storeroom, building, or any
part of any building whatsoever, tent, vacant lot, freight station, car, or truck temporarily 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 Commission. (Ord. 1273 S 3 (M), 1988)
5.02.150 Transient Merchant
"Transient merchant" means any person who 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 and such definition shall continue to apply until
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such person is continuously engaged at such temporary premises for a period of one year. (Ord.
1273 S 3 (N), 1988)
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Chapter 5.04
ADMINISTRATION AND ENFORCEMENT
Sections:
5.04.010 Compliance Required
5.04.020 Separate License for Branch Establishments
5.04.030 Joint License
5.04.040 Exemptions
5.04.050 City License Officer - Duties
5.04.060 Formal Application Required
5.04.070 Change of Location
5.04.080 Transfer of License
5.04.090 Contents of License - Information Required
5.04.100 Expiration of License
5.04.110 License Renewal
5.04.120 Noncompliance - Penalty
5.04.130 Duties of Licensee
5.04.140 Inspections - Persons Authorized
5.04.150 Authority of Inspectors
5.04.160 Reports by Inspectors
5.04.170 License Revocation/Suspension - Generally
5.04.180 License Revocation/Suspension - Procedure
5.04.190 Appeal
5.04.200 Unpaid Fee Constitutes Deb.
5.04.210 Action by City Attorney
5.04.220 Civil Judgment No Bar
5.04.230 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 required 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 establishment,
or location of the business engaged in, as if each such branch establishment or location were a
separate business, provided that warehouses and distributing plants used in connection 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 S 4 (B), 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 S 4 (C), 1988)
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5.04.040 Exemptions
A. No license shall be required of any person for any mere delivery in the city of any
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.
S. No license shall be required of any nonprofit 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 S 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 Officer 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 or licensee when reasonably necessary to the administration and
enforcement of this chapter.
F. Give Notice. The City License Officer shall notify any applicant of the acceptance
or rejection of his application and shall, upon his refusal of any license or permit, at
the applicant's request, state in writing the reasons therefor and deliver them to the
applicant. New applicants will 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 S 5, 1988)
5.04.060 Formal Application Required
Every person required 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 application
requirements are as follows:
A. Form of Application. The application shall be a written statement upon forms
provided by the City License Officer.
S. 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.
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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 shall be accompanied by the full amount of the
fees chargeable for such license. (Ord. 1273 S 6 (A), 1988)
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 licensee shall:
A. Obtain a new license for such change of location;
B. Pay a new special services and regulatory inspection fee. (Ord. 1273 S 6 (B), 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 to the transferee for the unexpired term of the old license.
D. Pay the required fee. (Ord. 1273 S 6 (C), 1988)
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 departments of the city;
F. Such other information as the License Officer shall determine. (Ord. 1273 S 10,
1988)
5.04.100 Expiration of License
All licenses issued pursuant to this chapter shall expire on December 31 st of the year in
which such license is issued. (Ord. 1273 S 8 (A), 1988)
5.04.110 License Renewal
Every person licensed to engage in any business covered by this title, if such business is to
be continued, shall renew such license by February 15th of the next calendar year. (Ord. 1273
S 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 S 9, 1988)
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5.04.130 Duties of Licensee
A. General Standards of Conduct. Every licensee under this ordinance shall:
1. 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 S 11, 1988)
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 officials, 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 revoked or suspended. (Ord. 1273 S 13 (B),
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 S 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;
B. The violation of any ordinances provisions relating to the health, safety, and welfare
of the citizens of the community;
C. The securing of any license by fraud or misrepresentation, to specifically include
false or incorrect information on the license application. (Ord. 1273 S 14, 1988)
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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
attendance. 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 ruling in writing. (Ord.
1273 S 15,1988)
5.04.190 Appeal
A. Right of Appeal. Any person aggrieved by any decision of the License Officer shall
have the right of appeal to the City Commission by filing a written appeal with the
Clerk of Commission 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 appellant as required herein.
(Ord. 1273 S 16, 1988)
5.04.200 Unpaid Fee Constitutes Debt
The amount of any unpaid fee, the payment 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 S 17 (B), 1988)
5.04.220 Civil Judgment No Bar
No civil judgment nor any act by the City Attorney, the License Officer, or the violator shall
bar or prevent a criminal prosecution for each and every violation of this chapter. (Ord. 1273 S
17 (C), 1988)
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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)
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Chapter 5.05
LICENSE FEE SCHEDULE - GENERALL V
Sections:
5.05.010 Business License Fees
5.05.020 Allocation of Fees
5.05.030 Prorated Fee for New General Businesses
5.05.040 Rebate of Fee - General Prohibition
5.05.010 Business License Fees
All business license 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:
LICENSE FEE SCHEDULE
GENERAL BUSINESSES:
Square Footage Registration & Special Services Total Fee
License Fee & Regulatory
Inspection Fee
0-199 $25 $0 $25
200-999 $25 $25 $50
1,000-1,999 $25 $ 50 $75
2,000~4,999 $25 $100 $125
5,000-9,999 $25 $175 $200
10,000 & Over $25 $225 $250
SPECIFIC BUSINESSES:
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 $25 $200 $225
days
Goi ng-Out -Of -Business $25 $25 $50
Hotels/Motels $25 $25 $50
1-15 Rooms
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LICENSE FEE SCHEDULE
Square Footage Registration & Special Services Total Fee
License Fee & Regulatory
Inspection Fee
SPECIFIC BUSINESSES:
Hotels/Motels $25 $25+' Varies
15+ Rooms (+$2/Rm)'
Transfer Fee $10 $0 $10
Amusement Games/Machine (M) $15/M $15/M
Machines depicting sexual $25/M $75/M $1 OO/M
activity/Machine (M)
(Ord. 1273 S 7 (A), 1988)
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 S 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 S 7 (C), 1988)
5.05.040 Rebate of Fee - General Prohibition
No rebate or refund of any license fee, or part thereof, shall be made by reason of the
non-use of such license, or by reason of a change of location or business, rendering the use of
such license ineffective. (Ord. 1273 S 7 (D), 1988)
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Chapter 5.08
AIRCRAFT
Sections:
5.08.010 Throwing Objects from Airplanes Prohibited - Exceptions
5.08.020 Commercial Enterprises Involving Aircraft - Permit Required
5.08.010 Throwing Objects from Airplanes Prohibited - Exceptions
No person in any aircraft or mechanical contrivance 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 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 S 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 S 6.06.020)
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Chapter 5.12
BEER
Sections:
5.12.010 Applicability
5.12.020 License - Exceptions
5.12.030 City License Required - Application - License Fees
5.12.040 Form of City License
5.12,050 Special Permits - When Granted
5.12.060 Special Permits - Limitations - Fees
5.12.070 City License Not Transferable - Exceptions
5.12.080 City License Suspension or Revocation Conditions
5.12.090 City License Fees
5.12.100 Inspection and Control of Premises
5.12.110 Restrictions on Drinking in a Public Place
5.12.120 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.
B. 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.
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)
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
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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;
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 of Montana.
B. The application shall be filed with the Clerk of 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 of the Commission,
with 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
therewith, 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 1 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. (Ord.
1492 S 3, 1999; prior code S 4.08.030)
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 of the license;
3. The expiration date of the license;
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 S 4, 1999; prior code S 4.04.040)
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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;
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
S 5, 1999; prior code S 4.04.050)
5.12.060 Special Permit - Limitation - Fees
The City Commission will, on an annual basis, set the fee for alcohol licenses as well as
special permits by resolution. (Ord. 1492 S 6, 1999; prior code S 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 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
5.12.030 herein. (Ord. 1492 S 7, 1999; prior code S 4.04.060)
5.12.080 City License Suspension or Revocation 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 S 8, 1999; prior code S 4.04.080)
5.12.090 City License Fees
A. The license fees under this chapter shall be as follows:
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;
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_____.___. - ._.__..._.__._._.___ .._...u__...___
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 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. 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 S 4.04.090)
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 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 S 4.04.100)
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 S 4.04.110)
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 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)
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Chapter 5.32
PAWNBROKERS AND SECONDHAND DEALERS
Sections:
5.32.010 License Required
5.32.020 Definitions
5.32.030 License - Application - Fee
5.32.040 Register Required
5.32.050 Register - Examination by Police
5.32.060 Purchases from Minors
5.32.070 Duration Articles must Be Held
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 selling 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 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 shall
be entered, in legible writing, the name of all articles, and the description of each (when
practicable), 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
V-19 1 0/2005
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)
5.32.070 Duration Articles must Be Held
No property or article purchased or received 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 opposite the article sold. (Ord. 1117 S 9 (part), 1982; prior code S
3.32.070)
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Chapter 5.40
HOTEL GUEST REGISTERS
Sections:
5.40.010 Definition - Hotel
5.40.020 Guest
5.40.030 Failure to Sign Register - False Entries
5.40.010 Definition - Hotel
For purposes of this chapter, the word "hotel" means and includes motels, inns,
boardinghouses, and lodginghouses. (Ord. 1117 S 11 (part), 1982; prior code S 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 deemed in Section 5.40.010, 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
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 S
11 (part), 1982; prior code S 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 fictitious 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)
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Chapter 5.52
LIQUOR - RETAIL SALE
Sections:
5.52.010 Definitions
5.52.020 City Licenses - Requirements Generally - Statutory Provisions
5.52.030 City Licenses - Application - Form, Contents, and Filing
5.52.040 City Licenses - Form of Issuance
5.52.050 Deposit and Use of License Fees
5.52.060 Violation - Penalty
5.52.010 Definitions
Whenever used in this chapter, the words and phrases set out in Section 2 of Chapter 84 of
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 understanding 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 proportionate 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 ineffective to permit operations under it, upon like license issued by the
25th Legislative Assembly of the State, 1937, under the provisions of which
this chapter is adopted.
B. No license shall be issued by the City under 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 promulgated 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
S 4.08.020)
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5.52.030 City Licenses - Application - Form, Contents, and Filing
A. Applications for license under the provisions of this chapter shall be in writing,
signed, and sworn 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 application 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 ,20 , 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 Legislative
Assembly of the State of Montana, all rules and regulations adopted and promulgated by
Montana Liquor Control Board pursuant 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 applicable 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.
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 ,20-.
B. Such application shall be filed with the Clerk of Commission and be presented by
the Clerk to the Commission at its first regular meeting after such filing. (Prior code
S 4.08.030)
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5.52.040 City Licenses - Form of Issuance
Any license issued under the provisions of this chapter shall be substantially in the following
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 Legislative 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
,20 , and is numbered . This license must be
posted in a conspicuous place in the premises above described and alongside the license
from Montana Liquor Control Board as above dated and numbered.
Director of Finance, City of Bozeman
By
Assistant
(Prior code S 4.08.040)
5.52.050 Deposit and Use of License 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 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. 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 9 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 chapter
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, at its discretion, forward such certificate to the
Montana Liquor Control Board with a request that the license issued to the offender by such
V-24 1 0/2005
.._--~_.- -.---.---
board be suspended or revoked, pursuant to the provisions of Chapter 84 applicable to such
case. (Prior code 4.08.050)
Editor's Note: Present liquor control regulations are codified under the Montana Alcoholic Beverage Code at MCA ~
16-1-101 et seq.
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Chapter 5.56
GAMING
Sections:
5.56.010 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)
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.....-......-...-.....
Chapter 5.64
UNIFORM SAFETY CODE INSPECTION FEES
Sections:
5.64.010 Inspection Fees - Exemptions
5.64.020 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 Uniform Safety Codes.
B. In the enforcement of the uniform safety codes, the City Commission, by resolution,
shall periodically establish a reasonable inspection fee taking into account the
actual costs to the City.
C. Exemptions. Those businesses and organizations with a current Bozeman business
license shall not be required to pay any additional uniform safety code inspection
fee, as the licensing fee included an amount for the safety code inspection. (Ord.
1292 S 1,1989)
5.64.020 Definitions
As used in this chapter:
A. "Buildings and offices" means all buildings, structures, rooms, offices, or portions
thereof wherein 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 uniform safety code violation.
S. "Business or organization" means any occupation, trade, profession, commercial
activity, social activity, fraternal activity, or religious activity located or meeting
regularly in buildings or offices, including sole proprietorships, partnerships,
corporations, nonprofit corporations, religious corporations, social organizations,
and fraternal organizations.
C. "Uniform Safety Codes" means the most recent version of the following codes
adopted by the City:
1. Uniform Fire Code;
2. Uniform Building Code;
3. Uniform Abatement of Dangerous Buildings Code;
4. Uniform Plumbing Code;
5. National Electrical Code;
6. Uniform Mechanical Code;
7. CABO One and Two Family Dwelling Code;
8. Uniform Housing Code;
9. Uniform Sign Code. (Ord. 1292 S 2, 1989)
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Chapter 5.70
EMERGENCY MEDICAL SERVICES
Sections:
5.70.010 Definitions
5.70.020 License Required
5.70.030 Criteria for License
5,70.040 Exemptions
5.70.050 Cancellation of License
5.70.060 Notice and Hearing Required
5.70.070 Existing Services
5.70.080 Exemptions
5.70.090 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:
A. "Ambulance" means a privately or publicly owned motor vehicle or aircraft that is
maintained and used for transportation of patients.
B. "City" means the city of Bozeman, Montana.
C. "Emergency medical service" means a pre~hospital or inter-hospital emergency
medical transportation or treatment service provided by an ambulance or
non-transporting medical unit.
D. "Patient" means an individual who is sick, injured, wounded, or otherwise
incapacitated or helpless. The term does not include a person who is non-
ambulatory and who needs transportation assistance solely because that person is
confined to a wheelchair as the person's usual mode of mobility.
E. "Person" means an individual, firm, partnership, association, corporation, company,
group of individuals acting together for a common purpose, or any other
organization of any kind. (Ord. 1436 S 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 Environmental Sciences and
compliance with the requirements 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.
V-28 1 0/2005
F. The license is nonexclusive. (Ord. 1436 S 1 (part), 1997)
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 Environmental Services to provide emergency medical services, both
transport and treatment services, at the advanced life support level.
B. The applicant must provide emergency medical services at the advanced 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
respond at the advanced 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 percent
of such calls. Ambulance response time to an emergency request shall be
calculated as the actual elapsed time in minutes and seconds from the moment 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 dispatched 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 general liability policy, in a form 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 applicant 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 compliance 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, at the City's sole option, forfeiture of the
performance bond to the City.
F. The applicant must comply with all rules and regulations governing emergency
medical services and emergency medical technicians as promulgated by the
Montana Department of Health and Environmental Sciences and the Board of
Medical Examiners as contained in the Administrative Rules of Montana. (Ord. 1436
S 1 (part), 1997)
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
systemwide 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
V-29 1 0/2005
suspending response time requirements. A weather emergency will be declared
only in times of unusually hazardous driving conditions.
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 requirements of this chapter and shall use "best efforts'"
to maintain coverage and performance throughout the incorporated city limits. (Ord.
1436 S 1 (part), 1997)
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 of Health and Environmental Sciences or the Board of Medical
Examiners, as contained in the Administrative 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 S 1 (part), 1997)
5.70.060 Notice and Hearing Required
The City shall not deny or cancel a license without:
A. Delivery to the applicant or licensee of a written statement of the grounds for denial
or cancellation 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 Commission must make written application within
ten days. (Ord. 1436 S 1 (part), 1997)
5.70.070 Existing Services
Any person providing emergency medical services within the city as of the effective date of
this chapter shall have a period of one hundred and twenty days to meet the requirements and
obtain the license required by this chapter. (Ord. 1436 S 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 providing such services, transports a patient from outside the city into or
through the city;
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C. Any person providing emergency medical services within the city who is providing
such services at the request of the City pursuant to a written mutual aid agreement
between the City and the person. (Ord. 1436 S 1 (part), 1997)
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 S 1
(part), 1997)
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