HomeMy WebLinkAboutOrdinance 23- 535, Requiring License Fees For Certain Occupations, Etc., and Repealing Ordinances 494, 506, 529
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." ORDINAnCE NO. 535.
.AN ORDINANCE REQUIRING THOSE ENGAGED IN CERTAIN OCCUPATIONS, INDUSTRIES,
TRADES, PURSUITS AND PROFESSIONS IN THE CITY OF BOZEMAN TO PAY A LICENSE
FEE IN AID OF THE POLICE REGULATIONS OF THE CITY OF BOZ~~, PROVID1NG
FOR THE GRANTING, REFUSAL, SUSPENSIon AND REVOCATION OF SUCH LICENSES,
PROVIDING PENALTIES FOR VIOLATION OF THIS ORDINANCE, AND REPEALING ORDIN-
ANCES NUMBERED 494, 506 and 529, OF SAID CITY OF BOZE1~N, AND ALL OTHER
ORDINAlICES AlID PARTS OF ORDINANCES OF THE CITY OF BOZEMAN ~COIlFLICT HEHE-
WI TH. Repealed bj Ord~nano8Nol ~r ~ ~
WHEREAS: The legality of Ordinances Nos. 494, 506 and 529, of
the City of Bozeman, has been, and ls, being questioned in the courts, and
there are grave doubts concerning the legality of Said ordinances and of I
each o~ them; and
WHEREAS: If said Ordinances, or any of them, are held invalid
the City of Bozeman will be without any ordinance providing for the levy,
collection or payment of license fees in aid of the police regulations of
the said City of Bozeman, thereby endangering the preservation of the
publiC heal th, morals', peace and safety of the inhabl tants of the es,l.d
City of Bozeman, and the. protection of their property, and it is therefore
immediately necessary to adopt a new ordinance providing for the le:ty, " ~
... ...... ~.~
collection and payment of license fees in aid of said police\regulations; I.
. ~ - .~
" -,
therefore: " "
BE IT ORDAINED BY THE COMMISSION OF THE CITY OF BOZEMAN;, '. ~ ....
Section 1. That under and by virtue of the power and authority
vested in the City of Bozeman by the provisions of Subdivisions three (3) ,
four (4), "sixteen (16). and fifty-four (54) of Section No. 5039, Seotion
t"
5224, and Section 5409, Revised Codes of Montana. 1921, and in aid of the
police power and regulations of the said City of Bozeman, it is hereby
ordain~d that no person. firm, association or corporation, shall conduot,
operate, transact, engage in, or carryon, any of the industries, trades, I
pursuits, professions, vocations or businesses, within the City of
Bozeman, hereinafter speoified and enumerated, without first applying
for and obtaining a lioense therefor fr~ said City of Bozeman, as herein
provided, and, if suoh application for license be granted, shall pay
therefor as follows: Provided; that any mixed business conducted under one
roof shall pay the maxinmm license required for anyone of such businesses
if cqnducted under separate lOofs and in distinct and separate buildings,
and should any dispute arise as to the application of this provision it
. I
459
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I 18tJ88l8dby Ordiaaace fl8. .s- ~ ~
shall be decided and'controlled as provided in Seotion 8 of this Ordinanoe.
... ABSTRACTORS. -Each firm or ipdividual abstractor, $10.00 p~r
year.
ARCHITECTS. Eaoh firm or individual ardhitect, $IO.OO per year.
ART STORES. $10~00 per ..~e.ar.' , . .
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ACUTIOlmERS. Each ii'ih"t.. or'! indl:t'idiial:\ auctioneer, $20.00 per
ye'a,r, ,or $5.00 per day.
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'AUTO TAXIS FOR HIRE. First taxi, $25.00 per year; each additional
one, 012.00 per year~
'I AUTO BUSSES FOR HIRE. First bus. $25.00 per year; each'additional
one, $15.00 per year.
AUTO TRUCKS FOR HIRE. First truck, over 1 ton capacity,$25.00
per year; each additional one, $15.00 per year; 1. ton capacity or less.
first truck $20.00 per year; eaoh additional one, $10.00 per year.
AUTO HEPAIRS ONLY'. t15.,OO per year.
AUTO STOR:AGE ONLY. tlO. 00 'per year.
AUTO SUPPLIES ONLY. $IO.OO per year.
AUTO SALES ONLY. $10.00 per year.
(Any of above combined take comb'ined rate.)
.
I ' BAKERY. ,$25.00 per year; first truck'lioense. nb charge; each
additional one. $5.00.
BANKS. $20.00 per year.
. BANKRUPT OR FIRE SALE. Engaging in, conducting or carrYinl on or
advertising a bankrupt or fire sale of goode. wares or merchandise, 100.00
per year.
BARBER SHOPS. $2.50 per chair per year for each chair installed.
and $2.00 per tub per year for each tub installed.
BATTERY SERVICE. Battery.servioe, not in connection with a garage,
$10.00 per year; first truck license, no charge; each additional one. 5.00.
.
BEAUTY OR MANICURE PARLORS. $10.00 per yea~.
BILLIARD AND POOL' TABLES. For public use, $7~00 per year per
table.
BILL BOARDS. Bill boards painted or signs on any building or struc-
ture used.as bill board t~ per square foot of surfaoe used per G months.
. . BILL POSTING. 'Bill posting, distributing, or painting any adver-
tisement of any kind or nature whatsoever, ..50~OO per year; provided, however.
that nothing herein contained shall include members or employees of resident
business firms, churohes. charitable organizations, oandidates for political
offices,distributing advertising matter concerning themselves or their busi-
ness; and provided further that ne medioine or samples harmful and injurious
to children, eating or handling the same, shall be publicly distributed by
any person.
BLACKSMITH'SHOPS. $10.00 per year.
BOARDING HOUSE.' (See Lunoh Counter)'. I
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BOOTBLACK STANDS. On street or sidewalk, $25.00 peT year; :~
in-
side, not run in conneotion with other business, $10.00 per year;
BOTTLING WORKS. Manufacturer or bottler of pop, soda water,
or other light and soft drinks, put up in, bottles, $40.00 per year. First
truoklioense no charge; each additional one, $5.00. ,
, BOWLING .ALLEY. Each alley, $20.00 per year.
BROKERS. Who, whether aoting as pri~cipal"or agent, buys or
sells, or otherwise deals in stooks or bonds, or buys or sells for future
delivery, grain, provisions or produce of any sort, ,when said grain,pro..
visions or produce are not aotually delivered:;. or 'V'(ho buys or .sells, .or
otherwise deals in futures or options on stooks, bonds, grain, provisions
or produce ,of ,any sort; or who receives, tr~nsmits or'plaoesordere or
'commissions to buy or sell anY' 'bonds; stocks, grains, provisions .or p~o-
duoe of any sort; or who acts as the agent of any 'commission house, broker, I
or firm, trading in, buying or selling, plEl:cing or in any wise dealing in
any bonds, stocks, grain, 'produce or pro vi sions, opti,ons, or futu,res q,f
any kind, or pretends so to do, whether or not suoh oommission house
operates or pretends to operate in or on anyml:lrket or board of trade of
any sort, $25.00 per year., . .,'
, BUTCHER SHOP OR ~ffiAT MARKET. $25.00 per year; first truck
license, no charge; each add,i tional one '. $5.00,.
BUSINESS COLLEGE (Privata) . $10. 00 per year.
CANNERIE,S. '$25.00. per year; f"1rst truok license,no charge;, eaoh
additional one, $5.00.' .
CARla VAL , STREET FAIR, TENT SHOW or SO-CALLEE ROUNDUPS. (Inclt;,d-
ing side shows) other than cil{cuses, menageries, dog and pony shows, and
wild animal shows, $25.00 per day. Single tent show, not otherwise herein I
provided for $5.00 per day. Provided, that no carn~val, s;treet fair or
tent show shall operate in any location other than tl1at designated in the
lioense.
CIRCUSES, MENAGERIES. Dog and- pony shows,. wild animal shows, in-
cluding side shows, transported on more than 50 cars, $125.00 per day. Same
transported on more than 25 cars and less than 50 cars, $75.00 per day.
Same, transported. 'on 'less than 25 cars $25.00 per day. Provided that no
circus, menagerie, dog and pony show, wild animal show or circus shall oper-
ate in any location other than that designated,in tpe license.
, CHIRDPRACTORS. ' Each firm or individual practitioner, $6.00 per
year. ,
I , -
CHIROPODIST. Eaoh firm or individual praotitioner, $6.00 per year.
CIGARETTES. -Selling cig-arettee, cigarette papers or material,
exoept tobacoQ4 US~d in ma~ing oigarett~s, $25.00 per year. I
CIGAR MANUFACTURER. $10.00 per year.
CIVIL ENGINEERS. Each firm or individual engineer, $6.00 per year.
CLEANING AND PRESSING. $10.00 per year; first truck license , no
charge; eachaddi tional one '. $5.00.
CLOTHING SHORE. See Merchant.
COLD STORAGE FOR HIRE. $50.00 per year; first truck license, no
charge; each additional one, $5.00.
COmuSSION MERCHANTS OR WHOLESALE GROCERS. Handling freat fruits,
vegetables, eggs, meats and other perisha~le pro.duots, grain, hay and pro..
duce at wholesale, at a fixed 'place of business~ $25.00 per year. First
truck license, no charge; each additio~al one, 5..00.
I
461
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CONFECTIONERY. Manufacturer or .jobber, $25.00 per year.
COllFECTIONERY. Retail, $10.00 per year.
_ CONTRACTORS OR BUILDERS. $10.00 per year; first truck license
no charge; each additional one, $5.00.
CREAMERIES. $25.00 per year; first ~ruok license, no charge;
each additional one, $5.00. - - - .
DAIRIES. Each place wi thin, or wi thin three .miles of theei ty
limits, selling milk in said city $12.00 per lear; first delivery vehicle
license, no charge; each additional vehiole, 3.00. Provided, that this
license shall apply only to. such person, firm or oorporation owning more
than two cows. Persons owning only two oows and selling milk therefrom,
I no license, but subjeot to' inspeotion..
DANCE HALLS, PUBLIC. $100.00 per year " or$IO. 00 per dance.
DELICATESSEN SHOPS. $10.00 -per year.
-
DEMONSTRATIONS OR EXHIBITIONS. Demonstrations or exhibitions of
any utensil, article, implement, goods, wares or merchandise for the pur-
pose of advertising the sa.me, upon'thepublio streets or upon any vacant
grounds, $3.00 per day. .
DENTISTS. Each firm ~r individual practitioner, $6.00 per year.
DETECTIVE AGENOY. $40.00 per year.
DOLL AND CANE RACKS, POST CARD, ,HOT DOG STANDS, s.nd the like.
$5.00 per d%7.
DRAYS. One or two horse, used for hire,' with or without .fixed
I plaoe of business on street or in building, $6.00 per year each, including
license tag. ~ach team over one, $3.50,.
DRESSMAKERS. Each firm or individual dressmaker employing two
or more assistants, $6.00 per year.
DRUG STORES. See Merchants.
DRY GOODS STORES. See Merchants.
ELECTRIC LIGHT OR FOWER COMPANY. $200.00 per year.
ELECTRIO PIANOS. For publio use, $20.00 per year.
ELECTRIC SHOPS OR WIRING. Electric wiring, $10.00 per year;
ftrst truck license, no charge; each additional one, $5.00.
I EMPLOYMENT AGENCY. $10.00 per year.
EXPRESS COMPAny. Every person, company, corporation or associa-
tion who, in the City of Bozeman, engages as a oommoncarrier for trans-
mi tting or conveying paokages, \or eJtpress matter, from one place to another,
for hire or profit, must for business done exclusively within the City of
Bozeman, and not including any, business done to or from points without the
state, and not including any budiness done-for the government of the United
States, it officers or agents, pay a license of $50.00 per year.
EXHIBITIONS. $3.00 per day.
FILLING STATIONS. All places orstat;i.onB within the city other
than garages, 'located wi thin the walls of a store room or building, or
otherwise, co-nstructed and maintained in .aQcordanoe Wi th the Building Ordin-
ances and regulations of the Ci ty, in or at which is oarried on, ,or con-
duoted the business of supplying automobiles, motoroycles, or other motor
I vehicles with gasoline, oils or other liquids required in the operation of
automobiles" motor~les or motor vehioles, $60.00 per year". First truok
lic~nse, no charge; each additional one, $lO.qO.
~\.
FLYING MACHINES FOR HIRE. $5.00 per day.
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462
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FORTUNE TELLING, Etc. Fortune teller, astrologer, clairvoyant, I
palmist, phrenologist, itinerant medical practitioner, hypnotist,
medium, $10.00 per day.
FUEL AND ICE. $20.00 per year; first truck or team license,
no charge; each additional truck $5.00; each additional team, $3.00.
FURNITURE STORES. See Merchant. First truck license, no
charge; each additional one, $5.00.
GARAGES. See Auto.
j G,AS COMPANY. $100.00 per year.
GRAIN ELEVATORS. $25.00 per year.
GREENHOUSE. $10.00 per year; first truck license,no charge; I
each additional nne, $5.00. .
GROCERIES. See Merchant. First truck license, no charge; each
additional one, $5.00.
HARDWARE STORES. See Merchant. First truck license, no
charge; each additional one, $5.00.
HARNESS SHOPS. $10.00 per year.
HAY AND GRAIN AND FEED STORES .{Retailj,. $10.00 per year; first
truck or team lioense no oharge;each additional one, $5.00.
HIDES, PELTS, Etc. Buying or selling hides, pelts, or other.
similar productsJ. $20. 00 per ye~r; first truck license, no charge, each
additional one, ,12.00. . ,
HOTELS & ROOMING HOUSES.. Any hote,l, lodging or rooming house', ~ I
with more than five rooms, $1.00 per room, per year. ,
HOUSE MOVER. License and regulation are, provided for in
Ordinance No. 480.,
ICE (Only). Putting, up, manufaoturing and dealing in ice, $10.00
Fer year; first truck or team license, no charge.;: each addi ti onal truck,
~5.00; each additional team, $3.00.
IMPLEMENT DEALERS. See Merchant. First truck or team license
no charge; eaoh additional tru~k $5.00; each additional team, $3.00.
INSTALLATIon HEATING PLANTS OR TIN SHOPS. $10.00 per year;
first truok license, no charge; each ad,di tional one, $5.00.
JEWELERS. $10.00 per yeer. I
JUNK DEALERS. Buying or selling or dealing in junk, rags, old
rope, paper, bagging, old iron, coppel; brass, tin, empty bottles, rubber,
or any other artiole or thing that is ordinarily bought or dealt in by
p~rsons commonly called "junk dealers", $6.00 per year in advance; first
truck or wagon lioense, no charge; eaoh additional one, $10.00.
LAUNDRY, STEAM. $25.00 per year; first truck or wagon license,
no charge; each additional truck $5.00; eaoh additional wagon, '3.00.
LAUNDRY, HAND. $10.00 per year; provided, that this license
shall not apply to women engaged in the laundry business, where not mQre
than two women are so employed.
LlVERl' AND FEED STABLES. $IO.OO per year.
. LUM'SER AND FUEL. Lumber, coal, wood and material dealeEl;i',. I
$20.00 per year; first truck,or team license, no charge; each additional
truck, $5.00; eaoh additional team, $3.00.
. . .n.
463
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I LUNCH COUNTER OR BOARDING HOUSE. (Pub1io ) . .$10.00 per year,
provided, that this shall not apply to private boarding houses.
LUNCH STAND OR WAGON. $25.00.per year; license tag included.
.
MANUFACTURING PLANTS. $10.00 per year; first truck license, no
charge; each additional one, $5.00. .
MANUFACTURE OF. Patent medioines, drugs, toilet articles, etc.
$20.00 per year.
, MEDICINE, DRUGS, NOSTRUMS, Etc. Advertising, selling or giving
away medicine, drugs, nostrums, etc. $25.00 per year. License and regulations
are provided for in Ordina.noeNo. 364.,
MEDIClNE.BEDDLER. Ad'verti sing, Belling or giving away, medicine,
I drugs, nostrums, eto. $25.00 per day; license and regulations are provided
for .In Ordinance No. 364.
MERCHANTS. Basic lioense: $15.00 per year, and in addition thereto,
$1.00 for each and every employee of suoh. establishment .except the owner or
manager thereof;, prov~ded, however, that any store where cigarettes are sold
the minimum amount to be paid shall be .2~.00, and in mixed. businesses-under
one roof the minimum license shall be the highest required for anyone of
suoh businesses if conduoted separately. The following lines of business are
incl;uded in this classifi.cation, whioh shall be subject to additions or
changes as circumstanoes may justify:
Departments Stores Furniture Stores
Drug Stores Grocery Stores
;Dry Goods Stores Hardware Stores
Clothing Stores and
Fruit Stores Implement Stores
r
I . . MERCHANT MILLERS. $25.00 per year; first truck license, no charge;
each additional one, $5.00.
MERRY-GO-ROUUDS. $5.00 per day; provided that :no merry-go-round
shall operate in any location other than. that designated in the license.
MESSENGER OFFICE. $lO.OO.per year. .
, MILLINERY STORES. $10.00 per" year.
MINSTRELS OR LEGERDEMAIN." When not in theatres paying regular
lioense, $5.00 per day. '
MONUMENT DEALERS. $10.00 per year.
MUSIC STORES. $10.00 per year; first 'truck lioense, no charge; each
additional one, $5.00.
I OCULISTS OR OPTICIANS AND OPTOMETRISTS. Each firm or inuividual
practitioner, $6.00 per year.
OLEOMARGARINE, Etc. Manufacturing or selling oleomargarine or butter-
ine or imitations of cheese or butt'er, one cent per pound.
...
OPERA OR CONCERT SINGER OR COlWERT ENTERTAINMENT. ,Not in regular
theatre, $3.00 per day. But 'no license must be colleoted from any amateur
exhibition or concert for school 'or oharitab1e or religious purposes.
OSTEOPATHS. Bahh firm or individual praotitione'r, $6.00 per year.
, PACKING HOUSE, WHOLESALE. $40.00 per year; first truok lioense, no
charge; eaoh additional one, $10.00.
PAINT SHOP OR CONTRACTING P.ALNTERS.- $10.00 per year; first truck
I lioense, no charge; each additional one, $5.00.
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PAWNBROKERS. ,$100.00 par year.,
PENNY ARCADE. Exhibitions with phonographs, kinetoscoies, vita-
scope,S or other similar instruments, by whatsoever name called, 100.00
per year, or 1$5.00 per day. '
. PHOTOGRAPHERS. $10.00 per year. Itinerant, without fixed plaoe
of business, $40~00 per year or $2.50 pen day. .
PHYSICIANS. E&ch firm or individual pra~titioner, $6.00 per
year. .
. PLUMBING. JU theT as rna.ster or. employing plumbe-r, including
installation of heating. plants and gas aervice, $25.00 per year; first
truck lioense, no charge; each'additional one, $5.00.
POPCOi~N OR PEANUT STANDS., On streets or alleys, $25.00 per
year. I
.
PRINTING (Job) ESTABLISHMENTS.tlO.OO per year.
. . .
PROMOTERS, SELLING STOCK. Promoting or sellin~ or offering fo~
sale stock of corporations, either foreign or domestic, 50.00 per year
or $ 5. 00 per day. . - -
PUSH CARTS. Selling upon the streets of the city from apueh-
cart, wagon, or other vehi~le, ioe cream, soda pop, chewing gum, fmuits,
eto., $20.00 per year per cart, wagon or vehicle.
RAILRAODS.- Every person~ company, corporation or association
engaged in, conduct1.ng or carrying on the business of a steam ,or eleotric
railway in the City of Bbzeman and oocupying any part of the streeteof
_ the City of Bozeman must, for business done exclusively wi thin the Ci ty
of Bozeman ,and riot ,including any business done to or from points without
the State, _ and not incl ud.ing any business done for the government of the I
United 'StateS, its offioers or'agents, ~rocure a license from the City
of Bozeman and pay therefor the Slun of 50.00 per-year. .
REAL ES~ATE AGENTS, INSURANCE AGENTS OR LOAN AGENTS. Each firm
or iv.dividual agent. $6.00 per year.
REPAIR SHOPS. $10.00.per year.
,
RESTAURANTS, CAFES, Etc. Restaurants,ca.fes and eating houses,
$25.00 per year; provided, that this license shall not be required from
private eating houses.
SCAUS, PUBLIC. Other than county scales, $10.00 per year.
SECO~D RAND STORES. $20.00 per year;first.truok license, no
charge; eaoh additional one, $12.00.
, SEED COW?ANIES. $25. CO per year; first truck license, no I
charge; each additional one, $5.00. '
SEWING MACHINE DEALERS~ $10.00 per year; first truck license,
no charge; each additional one, $5.00.
SHOE DEALERS. (Where not otherwise provided for) $10~00 per year.
SHOOTING GALLERY. t40.00 per year. .
SIGN HANGING. $10.00 per year.
SKATING RINK. Roller or ice, $60.00 per year.
SLAUGHTER HOUSES. Wi thin .three .miles of city 1imi ts, $25.00 per
ye ar . .
SLOT VENDING MACHINES. $lO.QO per year. I
;....::~'.,"'-,.._......:...- :.. , ., ',.- . " ,... ,. " .. .. ",' ., ~ .. ~
.46,5.
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I SOFT DRINKS. Soft drink plaee or parlor selling, offering, or
keeping for sale. any near beer, malt beverages, .ginger ale. grape juioe,
soda water. root beer, milk, oream, buttermilk, or similar beverages,
oommonly known as soft drinks, ,either by the'glass or bottl~. inoluding
bar, oard tables. lunoh oounters. oigar stands. eto., and oigarettes.
oommonly known and designated as 80ft drink plaoe or parlor, $80.00 per
year.
Other establishments operating soda foun~ains. selling confeo-
tionery, fruit.oigars, including restaurant, oafe. or lunch counter and
oigarettes, $50.00 per year.
-.. Selli,ng soft drinks in oase or bottle, not hereinbefore pro-
vided for, t20.00 per year.
STALLIONS. JACKS AND BULLS.tlO.OO per year.
I STATIONERY. BOOKS, Eto. Inoluding oonfeotionery. $10.00 per
year.
TAILOR SHOPS OR CLEANING E8TABLISHl4ENTS. $10.00 per year;
first truoklioense, no charge; each additional on~, $5.00.
TAlmERY. $10.00 per year.
- TELEGRAPH COMPANY. Eaoh telegraph company shall pay a lioense
of $20.00 per year for eaoh instrument in use; provided, that no 1ioense
shall be required for any instrument used exclusively for the transmission
of messgaes and oommunications to and from points without the State of
Montana.
TELEPHONE COMPANY. $60.00. per year.
THEATRES. Moving pi'oture show house $25.00 per year. Theatre
(theatre to be defined as plaoe having a stage and equipment for putting on
vaudeville; conoerts or road shows) and moving pioture house. oombined,
$100.00 per year.
UNDERTAKERS. '20.00 per 'year; first aut.o, hearse-or'dead wagon
lioense. no charge; each additional one, $5.00. '
VETERINARIANS. 'Each firm or individual veterinarian. $6.00 per
year.
, VENDOR OR PEDDLER, as defined by Seotions 2421-2422, Revised
:1 'Codes of Montana, 1921. If suoh i t4::nerant vendor travels on foot and sells.
offers or exhibits for sale only suoh goods. wares or merchandise as he
oarries upon his person, the Bum of $50.00 per year.
If suoh itinerant vendor travels. or'oarries, and sells or offers,
or exhibits for sale any goodS~ wares or merohandise by any other mode
I :than walkin~ and carrying suoh gOOds. wares or merchandi S8 upon his person.
the Bum of ~400.00 per year. '
VULCANIZERS. $10.00 per year; first truck'lioense. no charge;
eaoh addi tiona1 one. $5.00. '
WAREHOUSE. $10.00 per year; first truok 'lioense, no' charge;
eaoh additional one, $5.00. .
WATER OR SEWER INSTALLING. $10.00 per year. .
WRESTLING MATCH. -$10.09 per day.
.
I
466
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Section 2. .Nothing in this ordinance contained is intended I
to operate so as to interfere with. the po~er of ,the ciongre ss of the -
United States to regulate commerce b~tween the state~, as such po~er
is d~fined by the supreme court of the United States.
Section 3. The licenses herein provided for are for the
calendar year 1923; and e'ach year thereafter while thi,s' ord,inanoe
remains in force and effect; provide'd, that any person, firm, corpora-
. -
tion or association which has paid a license to the City of Bozeman for
the year 1923 under any ord1nance' by this ordinanc"e repealed, shall not
be required to make further payment under this ordinance, for the. year' I
1923, but shall be liable thereafter.
S~ct~on 4. The Director of Finance of tpe City of Bozeman
shall be charged with the collecti~n of the ligenses herein"provided
for, and application for license, accompan~ed be fee therefor, shall
be filed with him. In his discretion, or in the discretion of the City
Manager, such application may be held until the next regular meeting
of the City Commission following the,application, when it shall be .
Bubmitt~d to the Cl~y Commission, which may, in its.dILttoretion, deoline
to issue such license if, in the judgment of. the Commission, it will I
be for the best interests of the City of Bozeman to refuse such
license. Upon suoh refusal the license feE\l paid upon application shall
be returned to the applicant. The Director of Finance shall prepare
all blanks for applications and for licenses, ~nd books of account in
connection therewith, and all expense in connectionwith the administra-
tion of this ordinance shall, so far as is possible, ~e charged against
the funds collected under this ,ordinance, to b~ segregated and deposited
as hereinafter pr ovided. All applications made, and all licenses
issued, under this ordinance, shall bear u~on their fac.e the folloWing: oj I
"This application is made subject to all of the terms and conditions of '
. '
Ordinance -No. 535 of the City of Bozeman, w~ich_ are hereby agreed to
and this license is not transferable.tI
Se'ction 5. Every person, firm, as.soc,iation or corporation
licensed under the provisions of this ordinance shall be subjeot to
. . . ~
regulation, inspeotion, control and sup.ervisi~n under the general poliee
power ,of the Ci t,y of ,Bozeman and of all of the ordinances now in foroe,
or which may hereafter be adopted, in aid of such police power and
re~11ation; and each and every such license shall be subject to Buepen- .1
sion and revocation as hereinafter provided.
iZ\",
467
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I RepeM W__...~~,..
Section 6. Whenever in the judgment o'f the City Manager any
licensee under this ordinance is conduoting the business, trade, oocupa-
tion, vocation, performance, entertainment, or profession, so licensed,
in a manner which violates any o~dinance~ 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 briefly report the facts
to the Mayor, or in the absence or incapacity of the Mayor, to any member
of the City Commission, who may thereupon suspend such license'by notice
to that effect personally served upon the licensee, or left at h~B place
I of ,business wi th the person in cha~ge thereof... Such lice'nse shall there-
upon stand suspended. At the r:ext regular meeting of the City Commission,
or at any speoial meeting called for that purpose, such suspension shall
be reported to the City Commission. The City Commission shall then have
the power and authortiy to remove such suspension, continue the suspension
for any period not exceeding 60 days" or revoke such license, by order
entered upon the minutes of the proceedings of the Commission,a copy of
which order shall be served upon the licensee, or left at his place of
bu.,siness with any person in charge thereof, and such license Shall there-
'It j
upon stand renewed, suspended, or revoked, as in such order speoified.
If, when revoked, any license has an unexpired period of six months or
more, fifty percent of the license fee colleoted thereunder shall be re-
funded to the licensee upon demand; provided, that such demand for refund
must be made within thirty days after such revocation, or the same shall
not be entertained.
Seotion 7. No provision herein contained shall be construed so
as to license any trade, b~siness, oocupation, vocation, pursuit, pro-
fession, or entertainment prohlb~ted by any law of the United~tates, of
I the State of Montana, or by any ordinanoe 'of the City of Bozeman.
Section 8. Except as otherWise herein provided a separate
license must be procured, (where a lioense is required by the provisions
of this ordinance) for each and every trade, business, occupation, pursuit,
vocation, or entertainment enumerated, in this ordinance. When there is
any doubt about classification, or license fee to be paid, or whether one
or more license fees should be paid, the matter shal~ be referred by the
Director of Finance to the City Manager, who shall decide the question,
subject to appeal to the City Commission. If such appeal be taken no
,
I license shall be issued while the same is pending; but the applicant may pay
;
'1
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Repealed "by' OnuRatll~&./:~.) I
the fee or fees required by the City Manager and apply to the City
Commission at its next regular meeting, for any refund to'which said
applicant may consider himself entitled. No application for refund
not made within thirty days after payment shall be considered.
Section 9. If any license fee required to be paid under
the provisions of this ordinance shall be in excess of the license fee
exacted by the State of Montana for the same occupation, pursuit, pro-
fession, trade, vocation, business or entertainment, where the state of
Montana exacts a license f&e therefor, such license fee, under this ord- I
inance, shall be the same as the license fee exacte~ by the State of
Mbntana, any other provision in this ordinance to the contrary notwith-
standing.
Section 10. All licenses, except as otherwi~e herein provided,
shall be payable yearly, in advance,. and on or before the 31st day of
January of .each year, after the year 1923, and for that year shall be
payable on or before the 31st day of May; and all businesses, occupa-
tions, pursuits, professions, vacations or occupations which have been,
conducted, carried on or practioed within the City of Bozeman at any I
time within the year 1923 and prior to the adoption of this ordinanoe
shall be liable for such license, except as otherwise herein provided.
Any license issued after the, 30th day of June of each year, (unless the
applicant should have procured a license under the provisions of this
ordinance at an earlier date) shall be issued at half the yearly rate;
provided, that any license issued for a specified date, time, or plaoe
shall not be a license for any other date, time or place. If any
lioe~see, paving paid the yearly license, shall cease to operate thereunder
at ,any time "prior to the 30th day of June in any year, (except in the oaee " I
of a lioense for a particular and specified date, time and place) such
licensee shall be entitled to a refund of fifty per centum of the fee
paid, upon appllcati.on therefor wi thin thirty days from the time such
operation ceased, ~ut not thereafter. All licenses, except as 6therwise
herein provided, Shall expire on the 31st d'ay of DecembeI: in each year.
Seotion 11. Prosecutions for violation of this ordinance shall
be in the police court of the City of Bozeman, Montana, ~pon written
complaint of the City Manager, Director of Finance. or Chief of POlioe,
of said Cit"y, ,or of any citizen of Bozeman.. In addition to the fine and I
imprisonment hereinafter provided for violation of this ordinanoe, a civil
469
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,~"_."-,,,.,-,,.~~,." - ... .,"~~~, - ~..,.,~.,.". - ,~.__.--. - . ...~. .,.,'~"- _.,~ ~._.,,' _~ ,.,~._.~"._ N,,~~'~ ~.. .. .. . ..._~.^"~
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I Repealed, ~Y,O,~i'31\~llf~ ;~
I'
i
I ' - "+0
judgment for the amount of the license found due and unpaid may be entered
by the City of Bozeman, through'ite,Direator of Finance, in the manner
provided in Seotions 2241 to 2246, inclusive, Revised Codes of Montana,
1921.
Section 12. All property held or used in any trade, occupation,
business, vocation, pursuit, or profession, for which a license is re-
quired by the provisions of this ordinance, is liable for such license
and subject to a lien for the amount thereof, which lien has precedence
of any other lien, claim or demand, except liens, claims or other demands
I of the United States and the State of Montana, or of either of them; and
it any person fails to refuses to procure a license before the transac-
tion of the business specified, except as otherwise herein provided, the
Director of Finance must seize suoh property, or any other property be-
longing to such person, association, firm or corporation, and sell the
same in the manner provided in Sections 2241 to 2246, inclusive, Revised
Codes of Montana, 1921. Such procedure for the collection of such
license shall be cumulative and in addition to any other prooedure or
penalty herein provided for violation of this ordinance.
I Section 13. It is hereby declared that the industries, pur-
suits, professions, occupation" businesses, trades and vocations
required to procure licenses ~,er this ordinance require special regula-
tion, inspection, control and protection under the general police power
of the said City of Bozeman, and on account of such special service it
is estimated that there is chargeable to such industries, pursuits, pro-
fessions, occupations, businesses, trades and vocations, all of the cost
of administration of this ordinance; three-fourths of the health inspec-
tion, regulation and,control of the City of Bozeman; one-fourth of the
I cost of the maintenanoe and operation of the police magistrate's court
of the City of Bozeman; sixty-five percent of the cost of the maintenance
and operation of the police department of, the City of Bozeman; and forty
percent of the cost of the maintenance and operation of the fire department
of the City of Bozeman. That all of the funds paid or collected under the
provisions of this ordinance shall be deposited and kept in a separate
fund of the City of Bozeman to be known as "The frotection of Life and
Property Fund" and there shall also be deposited iri.said fund one-half of
all fines and penalties colleoted or paid into the police magistrate's
I court, one-third of all building permit fees, and one-third' of all build-
ing inspection fees, collected by~ or paid to, the City of Bozeman;,and
"
"
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~r "",',.'~. ~ .,~~. ~-_. - ."~, .~".. ~ . ..~.._~_._".-,.~,._"-~.?-~-,~."'-"..,~ ..-.,,'""'"',,-. - -. -.....,........-."' , - ._.,~-" .'...
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lrepeaJed by OqlinallCB: Ho,d I
:. ..', 1 I.' ,,; '"4 ., "',': ':
from the money 'so collected, paid or deposited, shall be paid all of
,the expense of the administration of this ordinance, and of the balance
remaining, Beven and one-half (7.5) percent shall go to the expense of
the maint'enance and operation of the health department; two and one-
half percent shall go to th5 expense of the maintenance and operation
of the police magistrate1s court; fifty (50) percent shall go to the
expense of the maintenance and operation of the police department;
and forty (40) percent' thereof to the cost and maintenance of the fire I
department; of the City of Bozeman. ' Such payment shall be made from
said fund to the extent that the money in such fund, ie available, and
the, balance of such expense, and any deficiency, shall be paid from
the fire fund of said oity"as to the fire department, and from the
general fund of the City 01 Bozeman" as to the other expenses herein
I,
specified. .
Section 14. Every person, firm, association or corporation,
and the agents, ,servants or employees of such person, firm, associa-
tion or corporation, conducting, operating, transacting, engaging in -I
or carrying on any of the industries, pur sui ts, prof'essions, occupa-
tions, vocations, entertainments, shows, or businesses, specified or
;\.
enumerated in this ordinance, without first procuring the license
therefor as herein required, shall be deemed guilty of'a vio1ation.of
this ordinanoe, and upon conviction, thereof 'in the police cOl1rt of the
City ,of Bozeman shall be fined not less than Five Dollars nor more than
Two Hundred Dollars, or by imprisonment in the city or county j'ail for
not less than one day, nor more than ninety days, or by both such fine
and imprisonment; provided, that if any such fine so imposed by not I
paid it shall be satisfied by the person upon whom, it is imposed by
impriosnment in the city or county. jail at the rate of one day's impris-
- onment for each two dollars of such fine. Any prosecution, conviction
and punishment under this section shall not relieve from p8l)lfllent of
the license required, but the same must also be paid, and may be
collected by the meane and in the manner elsewhere in this ordinance
provided.
~ection 15. Ordinances numbered 494, 506, and 529, of the ~f
City of Bozeman, and all ordinances and parts of ordinances in con- I
'fllct with the provisions of this ordinance are hereby repealed.
471
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I Repealed by otdiniliCl; Nt 'fPJlli~
Seotion 16. If any provisions of this ordinance shall be held
to be in contravention of the Constitution of the United States; or of the
state of Montana, or invalid for any reason, the invalidity of such pro-
visions shall in no manner effect the other provisions of this ordinanoe,
but every other seotion and every other provision shall be upheld as the
legislative will of the City of Bozeman, Montana, to the same extent as
1 though such unconstitutional or invalid provisions had not been a part of
this ordinance.
By reason of the emergency set out in the preamble
Seotion 17.
hereto, this'ordinanoe shall be in full foroe and effeot from and after
its adoption and approval.
Adopted by the Commission of the City of Bozeman, Montana, and
approved by the Mayor thereof, this 14th day of May" 1923.
,1,\
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",~ .. .. _.....~.-~.... ~~-~..~',....~~'..,y, "~..,.,,.,"_._,."',~,-'_.,. .....,,,. _........'....'_.,'.~~".,.,. ,._-0.," ~~,.""".~,...,.,. .....~.,.,,_~~,~~._ ~~.___ ,'_'.',~.. _.,"m~.,..."".".. .". ',.._._~""...,,"" ~_~~_ . .. ~r' ....,.. .., "_'H.'"
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.
STATE OF MONTANA, ) "
. Ss
.
County of' Gallatin )
~'"'''''';:
,.
I, J. S. Taylor, Aoting Clerk of the Commission
of the City of Bozeman. hereby certify that the number "and I
title of the, foregoing Ordinance No. 535, of the City of Bozeman,
Montana, was published once within ten days after its pissage,
to-wit: On the 15th day of May, 1923, in the Bozeman Daily }.'
d~'
Chronicle, a daily newspaper of general circulation, printed and
published in the City of Bozeman ~ :Montana, and that due proof
.
of said publication was made and filed in my office.
'IN WITNESS WHEREOF, I have hereunto signed my~
name and affixed the corporate seal of sai d C1 ty, this/ / f' ~ ....
.
",,- I
day of May, 1923. ~.
"
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