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HomeMy WebLinkAboutOrdinance 25- 554, Requiring License Fee to Engage in Certain Occupations and Repealing Ordinances 494, 506, 529 and 535. .... ::~I"'r~~~~,~,,.~~~... '~.!I'.:'._. ';;'l' 2,1 ORn IHANCE NO. 554. . . AN ORDINANCE REQUIRING THOSE ENGAGED IN CERTAINOCCUPAT IONS, INDUSTRIES, TRADES, PURSUITS AND PROFESSIONS' :m ~'CITY Olr BO~AN TO PAY A LICENSE FEE IN AID OF THE POLICE ~GULATION8 OF THE CITY OF BOZEMAN, PROVIDING FOR THE GRANI' lNG, REFUSAL, SUSPENSIONAEll REVOCATION OF SUCH LICENSES, PROVID- ING PENALTIES FOR VIOLATION OF THIS ORDINANCE, AmJ. REPEALING ORDINANCES NUUBERED 494, 506, 529 AND 535. OF SAID CITY OF BOZEMAN , AND ALL OTHER ORDINANCES AND PARTS OF ORDINANcEs OF THE CITY OF BOZIUlAN IN CONFLICT HEREWITH. ... . 0 di N ~~.~, \ . .... . r anane DJ .._' ~ _.=.. BE IT ORDAINED ;BY THE COMMISSION OF THE CITY~:'",._.~, ",,,,,.::lr.,,..,_. Sec. 1. ,That under and by virtue of' the power and authority vest- ed 1n the City of Bozeman by the provisions of Subd1vislons three (3)', four (4), sixteen (16) and fifty-four (5~l ofSecti,on No. 5039, Section 5224, and Section 5409, and as amended by Chapter 115 Laws of 1925 of the Nineteenth Legislati ve Session of ,the State of Montana, which may amend any. of said Sections as contained in the Laws of Montana, 1921, and in aid of the police power and regulations of the said Ci,ty of Bozeinan ,it lshereby ordained that \ no person, firm, association or c orporati on, shall conduct, operate-, tran- sact, engage in, or carry on, any of the industr1es,trades, 'pursuits; pro- fessions, vocations or busines$es, within the City of Bozeman, hereinafter specified ~nd enume:r;ated. without first applying .for and obtaining a license therefor from said City of Bozeman, as herein provided, and, if such appli- cation for license be gra.nted, shall pay theref"or as follows: Provided: I That any mixed business conducted under one roof shall pay the maximum li- cense required for anyone of such businesses if conducted under separate .. roofs and in distinct and separate buildings, and should anydi spute a.rise as to the application of thispX'ovia10n it shall be decided and controlled as provided in Seetiei'D 7 of this Ordinance. ABSTRACTORS . Each f:1rm or individualabttractor, $10.00 per year. AROHITECTS. Each firm or indi vidual architect, $10. 00 per year. ART STORES. See Mecrcbants. .. ~ AUCTIOBKRS. Each firm or ind1vidua.l auctioneer, $20.00 per year or 5.00 per day. . AUTO TAXIS OR BUSSES FOR HIRE. First Taxi or BUB, $15.00 per year; each additiol1!\l Taxi or Bus, $6.00 per year. AUTO TRUCKS FOR HIRE. FIrst truck" over. 1 ton oapacit.y, $15.00 per year; each additional one. tl0.00 per ye>ar;l tancapacity"'or le8s, first truck, $12.00 per year; each additional one, $8.00 per year. AUTO REPAIRS ONLY. $15.00 per year. AuTo STORAGE ONLY. . $10 .00 perye ar . J" AUTO SUPPLIES ONLY. $10.00 per year. I AUTO SAmS ONLY. t10,,00 per year. . .(In the last four it.. ,above ..ntioned, if any two or more of said businesses. are combine'd, the 11ce11l8 '.hall be the total of s.uoh busines- ses so combined.) , , . BAKERY. $25.00 per year; ffrat truck license, no charge; eaoh additiona.l one, $5.00. ' 'BANKS. $20.00 per year. .'~:'. - ;.~~' '~:: ,. ..... :' :'" , ' ,- -'.' ~':'- '--~~:'C~.::'~"""~~'""_. ....,<'I!l:~~"::~.'\."'~ '~, 28 BANKRUPT OR FIRE SAIES. Engaging in, oonducting or oarrying on or advertising a bankrupt or" fire 'sale of goods, wares ormerchanqise, $100.00 per year. BARBERSHOPS. $4.00 per year for the first chair in use, and $2.00 per year ,for each additional chair in use. BATTERY sER~ICE. Biattery service, not in connection wi th a garage, $10.00 p~r year; first truck license, no'char.e;,eacl.1,additional I, one, $5.00. BEAUTYORJlANICUREPARLORS. $4.00 per year for the first chair in use, and $2.00 per year for each addi ti onal chair in use. BILLIARD AND POOL TABLES. For pUblic use, $5.00 per year per tal;Jle. BILL BOARDS. Bill boards painted or si gns on any building or structure used as:bl11 ~oard, t cent ~er square foot of 'surface used per (I) months. BILL POSTING. Bill posting, distributing, or painting any advertisement' o'f any kind or nature whatsoever, '$50.00 per year; provided, however, that nothing herein contained ahall include memberJl o'r employees ofres1dent bueiness firms, churches, charitable organiza.tiDns, candidates for politic~ offioes, distributing advertising matter concerning themselves or their bU8t'nesses~ and providedf\lrther that no medicine or samples harmful and inJurious toohildren, eating or handling the. same, 'shall be publtely- distributed by any'person. BLACKSMITH SHOPS. $4.00 per year foreaoh 1'0 rge in uee" BOARDING HOU8ES~ (See Lunch countere.) BOOTBLACKSTABDS . On street or sidewalk, $25.00 per year; inside, not run in conne-ot1on with other business, $8.00 per year. BOTTLING WORKS. Manufacturers or bottleTsof pop, soda water, or other light 'and soft drinks, put up in bottles, $25.00 per year. First truck license, no oharge.; each additi onal one, $5.00. I BOWLING ~S. Each alley, $10.00 per year. I BROKERS. Who, whether aoting as principal or agent, buys or sells, or otherwise deals in stocks or bonds, or buys or sells for future delivery grain, provisions or' produce of any sort, when said grain, provi- ei ons or produce are not actually delivered;; or who buys or sella, or otherwise deals in futures or options on stoCks, bonds, grain, provisions or produce of any sort; or who receives, tranemi ts or places ordereor commiss ions to buy or sell.any bonds, stocks, grains, provisions or pro- . duce of any. sort; or who ac'ts as the agent,t):f' any commission house, broker, . or firm trading in, buying or selling, placing or in any wise d-ealing in any bonds., stGCks, ,grain, produce or provisions, options or futureS' of any kind, or pretends so to do. whether or not 'such commission house operates or. pretends to operate inOT on any market' or board of trade of any sort, .2~.OO per year. ' BUTCHER.SHOPS OR MEA'!' MARKETS. $25.00 per year; 'first truck license. n-o charge; each additional one, $5.00. BUSINESS CO~GES (Private). $10.00 per year. CANlmRIES. $25.00 per' year; first truck license, no charge; . each additional one, $5.00. CARNIVALS, STREET FAmS, TENT SHOWS or SO-CAT.T.1m ROUNDUPS. (Including sideshowa) otherthal1 circu.ee~J]1enageries, dog and pony shows, . and wi ld animal ShOWlh $25. 00 per day. ..Single tent show, not otherwise herein provided for ,'h;$5';00 pel' day. Provided, tha.t no oarnival, street fair or tent show s.hall operate'in any location other than that ,designated in the 1 icens8. CIRCUSES, MENAGERIES. " Do'g andpen,ysho\V's, wild animal shows, I including side shows, tranacted on more than fifty cars, $125.00 per di\Y. Same, transported on moret25c&rsand less than 50 oars, '75.00 per. day. Sane, transported on less than 25 oars, $25.00 per day. Provided, that no oircus, menagerie, dog and pony show, wild a.l'l.1mal sh-ow or eircus ehall operate in any location other than that designated in the license. CHIROPRACTORS. Each firm or indiTidual praotitioner, $6.00 per year. CHIROPODIST. Each firm or individual practitioner,' $6.00 per year. ...: ~:i->\;t' '~/,:~',;,,;;:,~.: ',:'::. -. ,~- ~ - -- -,.., -',," ~7 ',<". ,.., ',., .,~. ., j, .~ - " "-. ". ., ' .':"'~.\"':,:" 2Q ."'''''''.'.'::'.,:,"',\. " CIGARET :JJRALERS. (see Merchants.) CIGAR MANUFACTURERS. 810.00 per year. CIVIL ENG IBEERS . Eaoh firm or individual engineer, $6.60 per ye ar . . CLEANIBG AND PREsSING. $10.00 per year; first truck license, rio charge; each addl~lonalone, $5.0q. CLOTHI:mr8TO~ . (See Merchant s . f ), ..' . COLD S':!:'ORAag FORHDS. $25.00 per ,year. First truck license, , no oharge; each additlenalon-e,$5. 00. ' COllMISS ION KlRCHANT8 OR WHOIlES.A.LE GROCERS: Handling' fresh f,ruit.s, vegetables, eS!8, m~ats and other perishab'le products, grain, hay and produce at wholess e, at a fixed place of business,t25'.00 per year. First truck license, no charge; ea.ch additional one, $5.00. CONFECTIONERY. Manuf~cturerl!l or jobbers ,$25.00 per year. CONFECTIONERY. Ret.ail , (see Merchants. ) CONTRACTORS OR BUn..DERS. ''11th fixed place of business (other than residence), $10.00 per year;, first truc~ license; no charge; each additional one, $5.00. . CREAMERIES. $25.00 per year; first truck license, no Charge; each additional one, $5.00. ~ .' DAIRIES. Each place within, or within 'three miles of the City limi ta, selling milk in saidci ty, .12~.OO peryearj firs,t deli very vehicle license, 'no charge; each additional vehicle, $3'*0.0. . Provided, th,at this license shall apply only to such person, firm or corporationown-ing more than two cows. Persons owning o~ly two cows and selling milk therefrom, no license, but subject to inspection. DANCE HALLS, PUBLI.C. $100.00 per y.ear, or $10.00 per dance. DELI~ATESSEN SHOPS. $10.00 per year. DEMONSTRATIONS OR EXHIBITIONS. Demonstrat'1ons or exhibitions of any utensil, article, implement, goods, wares or: merchandise for the purpose of advertising the same, upon the public streets or up.on any vacant grOJ.lnda, $3.00 per day. . . DENTISTS. Each firm or indiv1du,,1 practwoner,. $6.00 per year. DETECT I'VE AGENC ms . $10.00 per year. ..,. . ' DOLL AND CANE RACKS, POST CARDS, HOT roG STANDS, and the like. $5.00 per day. .. DRAYS. One or two horse, used for hire,. wi th or without fixed place of business on street or in building; ta.OO per year each, including lioense tag. Each team over one, $3.50. ' .D~SSMAKERS. Each rI:rm or indiyidual dressmaker employing two or more assistants, $6.00 per year. " DRUG STORRS. (See Merohant s. ) . DRY GOOLS STORES. (See M&r~anta. ) ELECTRIC LIGHT OR PbwER~O())IPABY'~' tl00.00 per year. ELECTRIC SHOPS OR "IRINt. 'Electric wiring, $10.00 per year; first truck license, no charge; eaoh additional o~e, $5.00. EMPLOYMENT AGENCIES. , t10. 00 Per lear. EXl'DS600JIPANmSO' . ."-eryper.ollj CGllMDY, ~porat ion or as s 0- ciation who, 'in the City of Bozeman, mqp.ges '.. aooDmtJn,",':,;oa;r.rier for trans- mitting or conveying packages, 'or exprNB'JJlatter. framo_place' to another, for hire or profit, must .f-or'bul?;nea, done .8xclus'1vely within the Oity' of Bozeman, and not 1nclud1ng""1_siness done to or from points without 'the gta~e, and not inc~uding anybu81nesB don~ for the .Government or,,:~,'Ual,ted States, its officers or agents, pay a license of t2,5'.,()0 per year.,f' , ,;~~ $3.00 per day. . EXHIB IT IONS. , '.0' ...._'.-"T'""~.... '-. " ','~ ''4''',': 3,0 FILLING STATIONS. All places or stations within the city other than garages, located within the.walls of a store'roomor building, or otherwise, 00 ns tructed .andmaintai ned in a'ccordance with the Building Ordinances and rego.'latione of the city, "inor'at Which isoarried on or oonciuated, the business of supply ing'. automobiles ,motoroycles, or 0 ther motor vehicles with gasoline, oils or other liquide required in the opera- tion of aut.omobiles, . motorcycles or motor vehicles, $40.00 per year. First truck license, nocbarg'e; each additional one,$lO.OO. I FLOWER STORES. $10.00 per year. FLYING JlACHIHES FUR HIRE. $5.00 perd88". FORTUNE TELLING,. ete. Fortune tellers, astrologers, clairvoyants, palmists, phrenologists, itinerant medics1 practitioners, hypnotists, medium, $10.00 per d~. FUEL AND leE DllALERS. (See Merchants.) First truck or team license, no charge'; each additional truck, $5.00; each additional team, $3.00. . FURNIT'tJRE. STORES . ~ Se e Me rcha.n t s . ) First truck license, no charge; each additional one, .' 5.00. GARAGES. See Autos. -' GAS COMPANIFrS. $100 . 00 perye ar . GRAIN ELEVATORS. $10.00 per year. GREENHOUSES. $10.00 per year; first truck license, no charge; each additioaal one, $5.00. ' GROCERIES . (See MerChants.") :&'irst truck license, no charge; each addi tionalone, $5.00. " HARDWARE STORES. ,( See Merchant s. ) First truck license, no Charge; each additional one, $5.00. HARNESS REPAIR SHOPS. $6.00 per yeax. I HAY, GRAIN AND FEED STORES , Ret-ail.( See Merohants.) 'First truok or team licensei no charge; each additional one, $5.00. HIDES, PELTS, ETC. Buying or sell,ing hides, pelts, or other similar products, $20.00 per 'year; first truck license, no charge; each additional one, $5.00. . HOTELS- & ROOMINGHOUBES. Any hotel, lodging or rooming house, with more than five roomS', 75% per room per year. . HOUSE MOVERS. License and regulation are provided for in Ordin- anoe, No. 480. leE (Only). Putting up, manufa.cturing and dealing in ice, $10.00 ter.year; first truok or tea,mlicense, 1I0 oharge; each additional truok, 5.00; each additional team, $3.00. IMPLEMENT DEALERS. (See Mer~hants.) First track or team' license, no charge; each additionJtruck, $5.00; each additional tes.m,$3.00. JEWELERS. (Se, 1lercbants. ) JUNK IlIAmRS. Buying or selling or dealing in Junk, rags, old rope, pa,per, bagging, old iron, copper, brass, tin, empty bottle's , rubber, or any other article or thing that 1s ordinarily bought or dealt in by persons oonmonly called "junk dealer.", $6.00 per year: first truck or wagon license, no charge; each ,addi t10nal one ,$10.00. I " LAUNDRIES, STEAM; #25.00 psr year. First t.ruckor w,on license, nooharge, eaoh additional t ruok, $5,; 00; each addi tionaJ. wagon, 3.00. . I . LAUNDRmS, HAND. $10.00 per year, provided that this license shall not apply to wome'n, engaged in the laundry business, where not more than two womena,.resoemployed. LIVERY ,AND m:urn STABLES ~ $10.00 per y~ar. LmmER AND FUEL. Lumber, coal, wo od and material dealers, $20.00 ier year; first truck or teaD'l lioense, no charge ; each additional truck, 5.00; each additional team, $3.00. LUNCH COUNTERS OR BOARDING HOUSES (Public). tlO.OO per year, provided that this shall not apply to private boarding houses. ~~" ".'y; :'~' :. :". ',1, ".~',;, "'C.'".. 8:1 . ,. . '., '.",-.: LUNCH STANDS OR WAGONS. $2~\OO per year; license tag included. MANUFACTURING PLANTS. $10.00 per year; first truck license, no' charge; each additional one, .5.00.~. MANUFACTURE OF PATEEr MEDICJlmS,DRUGS, TOIL"ET ARTIC'LES, eta. ~ $20.00 per year. . ,J MEDICINES, DRUGS, NOSTRUMS, 'etc. Advertising, selling or giving away medicine, drugs, nostrums, eta. $25.00 per year. License :and regula- , tions arCH; for in Ordinance 11Io. 364. , . ~~7C$~ p,. . :t1xer~~~~~'r:elfl~0j ~~iH a-it 5~tfciR&~frug~~4~ostrums fiR. . ~asl.c icetWe, .fg.oper lear, an ~ a d ~!on thereto, $1.00 for each and every empl'oyee,of such establishment except the owner or manager thereof. And "lnmbc;edbusiriesees under one roof the minimum license shall be the highest required for any one of sUch busines- ses if oonducted separately. The following lines of bueiiless are included in this-classification, which shall be subject to add! t ions or changes as circumstances may justify: Art Stores Grocery stores Cigaret stores Hay, Grain and Feed Stores Confectionery (Retail) Hardware and Implement Stores Department Stores jewelry stores Drug Stores Millinery Stores Dry Goods stores Music Stor.es Clothing Stores Second Hand Stores Fruit Stores Stationery, Books, etc. Fuel & Ice Dealers F.urniture Stores. MERCHANT MILLERS. J25.00 per year; first truck license, no charge; ea.ch additional one, 5.00. . MERRY-GO-ROUNDS. $5. 00 per d",; provi"ded that no Me rry-go -Round shall operate in any location other .thanthat designated in the license. MESSENGER OFFICES. tlO.OO per year. I MILLINERY STORES. (See Merchants. ) . . MINSTRELS OR LEGERDEMAIN.' When not in theatres paying regular license, $5.00 per d~. MONUMENT. DEALERS. tlO.OO, per y,ear. MUSIC STORES. ( See 14e,rahant a. ) .First truck license, nocbarge; each additional one, $5.00. OCULISTS, OPTICIANS OR OPTOBTRISTS. Each' firm or individual practitioner, $6.00 per. year. . OPERA OR CONCERT SINGERS, OR OONCERT ENTERTAINMENTS. Not in regu- lar theatre, $3.00 per day. But no.lic;ense muat be collected from any amateur exhibl tionor concert for school or charitable ol"religious purposes. OSTEOPATHS. Each f1rmor indlTldual.praotitioner, $6.00 per year. PACKING HOVBS" WhO 1....e,. $40:..:00 per year; firat truck license, no charge; each addl"Uonal 01\8, "$5'w00. PAINT SHOPS.jlO.,OQ POX"year;tlrBt truck lice_e, no charge; ea.ch add! tional one, I:; .00. PAWNBROKERS. .too.oo per year. PENNY ARCAIIKS. E3thibi"".s with phonographs, kinetoacopes, vi ta- scopes or other ~ml1ar Ine1ioJ"U1lleBt.. __,.whatsoever name called, tlOO.OO p,er year, or $5.00 per d"". . I PHOTOGRAPHIRS. $10.00pex-,.v. Itinerant, wi thout fixed place of business, $40..00 per year or..t2.60 Hr dBi'. PHY8'16IANS . Each firm o'l"iDCl,tv.t4ual.. practi~ioner, $6.. 00 per year. . PImlBIllTG. Either as' .-"'er .Q,J'.epl.,ing pl~mber, inClUding installat1onof heating 'lan:t8'am4,....vv1Q.~ '15. CO per year; f1,rst truck lice-nee, DO charge; each ackU, jio nal one. $a.oo. r. , POPCORN OR ~ .!r!'AJrDS. On a1:N." 01' alleys, $25.00 per year. PRINTING (JOB) ESTU%.rSHDN'.M. '10'. 00 per ye ar. . ~ ., . ,.., :~ ,a~ PROMOTERS, SELLING STOCK. _ Promoti ng or selling or offering for sale stock of corpora'tions, e1 ther foreign or domestic, $50.00 per year or $5.00 per day. . PUSH CARTS. Selling upon the streets of the c1 ty from a push cart, w-agon ot other vehicle, ioe oream, soda pop, chewIng gum, fruits, etc., $20.00 per year per cart. wagon or vehicle. . RAILROADS. Every person, company, .corporation or association I engaged in, conducting or carrying on the business of a steam or electric railwBiY in the City of Boz..n -and occupying any part of the streets of the City of Bozeman must. for business done exclusively m'thin the City of Bozeman -and not including 'any business done to or from points wi thout the state, and not i!icl uding any busine 58 done for the government of the Uni t- ed states, its officers or agents, prooure a license from the CIty of Bozeman and pay therefor the sum of $50 per year. ;1mAL EMATE AGENTS, INSURANCE' AaENTS OR LOAN AGENTS, with a fixed plac9 of busine ss other than residence. Each firm or individual agent. t6. 00 per year. REF AIR SHOPS. $6.00 per year. RESTAURANTS ,CAFES; etc. Restaurants. cafes and eating houses. $25.00 per year; provided. thatth is license shall not be' re quired from private eating houses. SCALES, PUBLIC.' Other than County Soales, tlO.OO per year. SECOND HAND STORES. (see Merchants.) First truok license. no charge; each additional one, $5.00. SEEDOOMPAlttES. $25.00 per ye~;. first truck license . no 'charge; eaoh addi tional one, $5.00. SEWING MACHINE DEALERS . $10.00 per ye'ar; first truck license, no charge; each additional one, $5.00. SHOE DEALERS. (See Merchants.) SHOOTING .GALLERIES. $40.00 per year. I SIGN HANGING. $10.00 per year. SKATING RINKS. Roller or Ice, $,60.00 per year. SOFT DRINKS. All places .co_only known or. deSilnated a.s soft drink places.or parlors where card tables are inetaJ.led, 50.00 per year. Other establishments operating soda fountains. selling conf ec- tion~. fruit or cigars, '30.00 per year. ' . Other places not selling soft drinks or operating soda fountains but whe re card table's are installed. '$5.00 per y-ear per table in addi t1 on to regular lioense. S!l'ATION'ERY, BOOKS, etc. (See 'Merchants.) TAILOR SHOPS OR CLEANING ESTABLISHMENTS. tlO.OO per year; first truok license, no charge; eaoh,additional one, $5.00. TANNERIES. $10.00 per year. TELEGRAPH COMPANIES. Eaoh telegraph co~any s'hall pay a lioense of $20.00 per year for each instrument in use;, provid.ed, that no license shall be required for any instrument used exclusively for the transmission of messages and oomtnW11cat ions to and from points wi thout the State of Montana. . TELEPHONE OO.MPANIES. $60-.00 per year. THEATRES. Mo ving p ict ure sh ow. heus.8 , $25. 00 pe r, ye ar . . I Theatre (theatre to be defined as place haVin~ So stage and ~,quipment for ,putting on vaudeville, ooncerts or road shows and moving picture house cOmQ.t.,,~:! $100.00 per year. Tm SHOPS' OR SHEET, mTAL SHOPS. tlO.OOper year. First truck license. no charge; eaeh additional one, .~.OO. UNDERTAKERS. $20.00 per year; first auto, hearse, or dead wagon lioense, no charge; each add! tional one, $5.00. VETERINARIANS. Eaoh firm or ind'ividual veterinarian, $6.00 per year . -". ".n ,.,.' . , ' Ij:,. ':- ~"~" . :~'..~-,-" " ,j .:~. 3,,;1 ."';:.." VENDORS OR P.EDDLERS, as defined by., Sections 2421-:2422, Revised Codes of Montana, 1921. If such itinerate vendor travels on foot and sells, offers or exhibits for sale only suqh gOOds, wares or merchandise as he carries upon his person, the sum of $50.00 per year. If such ,itinerant vendor travels, or carries and sells or offers, or exhibits-'for sale any goods, wares or merchandise by any other mode I than walking and carrying such goods, wares or merchandise upon his person, the sum of $400,~pO per year. VULCANIZERS. $10.00 per ye~; first truck license, no charge; each additional one, $5.00. WAREHOUSES. tlO.OOper year; first truck license, no charge; each addit~onal one, $5.00. WATER OR SEWER INSTALLING. '10.00 per year. WRES TL ING MA TC:Fm~ . tlO. eo per day. Sec'. 2. Nothing in this ordinance contained is intended to operate so as to interfere with the power of the Congress of the United States to regulate commerce between the states, as such power is defined by the Supreme Court of the United States. Sec. 3. The Director of Finance for the City of Bozeman shall be charged with the collection of the licenses herein provided for, and applica- tion for license, accompanied by fee therefor, shall be filed with him. In his disoretion, or in the discretion of the City Manager, such application ma.y be held until the next regular meeting of the City Connnission following the applicatipn, when it shall be submitted to the City Commission, which I may, in its discretion, deqline ,to issue such lioense if, in the ,judgment of the Commission, it will be for the best l.nterests of the City ,of Bozeman to refuse such license. l!pon suah refusal the ~1cense fee paid upon applica- tion shall be returned to the applicant\.. The Director of Finanoe shall pre- pare all blanks for applications and for licenses, and books of account in connection therewith, and all expense in connection with the a.dministra- tion of this ordinance shall, Bofar as 1s possible ,be oharged agains t the funds co llected under this ordinance, t-o, D&eegregated and deposi ted &S' here4 . inafter provided. All a,pplioationamadsT and all licenses issued, under this ordinance, shall bear upon their face ,the fo llowing : "This application is made subjeot to all the terms and conditions of Ordinance No. 554 of the Ci ty of Bozeman, which are hereby agreed ..to and th islioense is not transfer- able II . Sec. 4. Every person, f;lrm, association or corporation licensed under the provisions of this 'ordinance shall be subject to regulation, in- speotion, control and supervision under t1:le general police power of the I ~ Ci ty of Bozeman and of all of the ordinances now .in force, orwhioh may"'.,, he reafter be adopted, in aid of such polic~ powe~ and regulation; ancl.each and ~very such license shall be,.su'bJe.,t to su,pe.Bsic;m and revocation as ., "," '. ~~ -." hereinafter provided. ", Sec. 5. Whenever i~ the judgment of the City Manager any lioensee under this ordinance i8 conducting the business, trade, occupation, voca- " '''.----. ,34 tion. performance, entertainment, or profession so licensed, in a manner whioh violates any ordinance, or regulation under the general pOlice power, of the City of Bozeman, or in any manner detrimental to the pUblic he'alth, morals or welfare, he shall briefly repo:rt the faots to the Mayor, or in the absence or inoapacity of the Mayor, to any member of the City Conmission, I who may thereupon suspend such license by notice to that effect personally served upon the licensee, or left at his pla.oe of business with the person . in oharge thereof. Such license shall thereupon' s.tand sUspended. ' At th e next regular meeting of the City Commission, or at any speoial meeting call- ed for that purpose, such suspension shall be reported to the City Commission. The City Commission shall then have the power and authority to remove such suspension, continue the suspension for anY-period not exceeding sixty days, or revoke such license, by order, entered upon the Minutes of the proveedings of the Commission, a. copy of which order shall be serTed upon the licensee, or left at his plaoe of business with any person in charge thereof. and such lioense shall thereupon stand renewed, suspended or - , \ revoked, as in such order specified. If, when revoked , any license has an unexpired periOd of six months or more, fifty-per oent of the license fee oollected thereunder shall be refunded to the lioensee upon demand;provid- ed. that such demand for refund mus t be made wi thin thirty days' after such -I revocatiQn, or the ,same shall not be entertained. Sec. 6. No provision herein' contained shall be co nstrued so as to lioense any trade, business, occupation, vooation, pursuit. prOfession, or entertainment prohibited by any l:aw of the United States, of the State of Montana, or by any ordinance of the Oi ty of Bozeman. Sec. 7. Except as otherwise herein provided a separate license must be procured, ,where a license is reqtl ired ,by the provisions of this ordinanoe) for each and every trade, bus inese', o,ccupation, pursuit, voca.- tion, Or entertainment enumerated in this ordinance. When -there is any doubt about o<l.&seifi cat ion . or license fee to be paid, or whether one or more license. fees should be paid, the matter shall be referred by the Direc- tor of Finance to the Ci ty Vanager-; who;,;shal]..decide the que'Stion, subj ect ... to appeal to the City Comml~sion. If such appeal be, taken no license shall be issued wb.l1ethe same is p,ending; but the applicant may pay- 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 I himself entitled. No applicati on for refund not made wi thin thirty days. ....~....". after payment shall, be eonsidered. - Sec. 8. All licenses, except as otherwise herein provided, shall be pa.yable yearly, in advance, and on or before the 31st day of January of each year, after the passage of this ordinance. Any lioense issued after the 30th day of .Tune of each year, (unless. the applicant should have pro- -".. ..,' ._-~1I"'~--:-r"""""""'~"~~'? '''.'''', . ,.,' ,,'~ :""""r-!':'~,' ,,~.'E',r..,~'~",,!,'~~ .:'. _'~"'''~.:':~",:~,-:-'''',' .,~,".~' ~,~,~,. "~~"~'~<!!'"r."",~,,,,,,~,,,(I:-!:J~~!";,.:,,, ~~ .:; .{,.~i0:"~'.~:'~~ ,~,:;r~'~ ~7!~'II~~,<,':- ,.,:~,,~/. ':'."~':"" :>:';MI~~!":-!",,,.. ,- , ,"'f"!"'~":" ,;' 35 I cured a license under the provisions of this ordinance at an earlier da.te) shall be issued at half th~ yearly rate: provided , that any license issued for a specified date, time or place shall not be a license for any other date, time or place. If any licensee, having paid the yearly license, shall .J cease to operate thereunder at any time prior to the 30th day of June in any year, (except in thecaee of a license for a particular and ape cifie d dat e, time and place) such lioensee shall be 'entitled to a refund of fifty per centum of the fee paid, upon application therefor within thirty days from the time such operation ceased, but Rot thereafter. All licenses, exoept as ,otherwise herein provided, shall expire on the 31st day of' Decem- ber in e Bch year. Sec. 9. Prosecutions tor violation of this ordinance shall be in the Police Court of the CIty of Bozeman, Montana, upon written complaint of the Ci ty Manager, Director of Finance , ,or Chief of Police, of said City, or of any citizen of Bozeman. In addition to the fi ne and imprisonment hereinafter provided for violation of this ordinance, a civil judgment for the ama.unt of the license found due and unpaid may be en tered agains t the defendant, iff oundguil ty, and the same may be enforced by the Oi ty of Bozeman, thru itEr Director of Finance, in the manner provided in Section 2241 to 2246, inclusive, Revised Codes of Montana, 1921. I Sec. 10. All property held or us-ed in any trade, occupation, business, vocation, pursuit or profession, for Which a license, is required by the provisions of this ord,inance, 1s l'1a.ble for such license and subject to a lien, for the amount thereof, whlcb lien has precedence of any,gther lien, claim or demand, except liens, claims or other demands of the United States and the State of Montana, or ,of either of them; and if. any person fails or refuses to procure a license before the transaction of the busi- ness specified, except as otherwise herein provided, the Director of Finance must seize such property, or any other property belonging to such person, association, firm or corporation, and sell the same In the manner provided in Sections 2241 to 2246, inclusive, Revi~ed Codes of Montana, 1921. Such procedure for the collection of' such' license shall be cumulative and in addition to any other procedu~e or penalty herein provided for viola- tion of this ordinance. - Sec. 11. It is hereby declared that the industries, pursuits, professions, oecupations, businesses, trad.es and vocations required to pro- I cure licens es und erthis ordinance require *pecial regulati on, inspect! on, control and protection under the generalpoliee power of the said City of Bozl;lman, and on account of such special servIce it is estimated that there is chargeable to such industries, pursuits. professions, occupations, busi- nesses, trades and vocations, all of the ooat of administration of this ordinance; three'-fourths of the health inspect! on.. regulation and control .",""~,;",,,,:-~~: ~'-:;'",~7"?,','II""",:,.,,~,. '."""~"~~""s::,:, '"&:'"~:~;""'I~,,\~,,~',,., ....-;;-;;::-:.'":~...., , ,v .,,1' ';r:;:'!:h "~ ~'.."~ "', I':P'~ .. ,. .Ol.,'.~;'"""",,,,,,,, ':"""";. '~'~".I!II~itf;~"~I"i":',~~~~:~;rI:",,r,':':,~ ' ','"""'";_.,,--'-':-:.,.'"'!T""'T"rr",-r,....,~~.'-....,...r.,-:...,--"...- ~.6 , .', ,\ ,.,. . ... ..,.... .., .of the City of Bozeman; one-fourth of the ooetof the maintenanoe and operation of the pOlice magistrate's court of the City of Bozeman; sxty- five per cent of the cost of the maintenance and operation of the pOlice department of the City of Bozeman; and forty per cent af the cost of ~ maintenanc e and operation of the fi re departmjt of the City ofBoz eman. I..... That all o,f the funds paid oroollected 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 Protection of Life and Property Fund", and there shall also be deposited in said fund' one-half of all fine sand penalties colleoted or paid into the pOlice magistrate 'a court, one-third of all building permit fees, and one-third of all building inspection fees. collected by, or paid to, the City of Boz'eman; and from the money so col- lected, paid or deposited, shall be paid all of the expense of the admini- stration of this ordinance, and of the balance remaining, seven and one- half,,'(7.5) per cent shall go to the expense of the maintenance and operation of the health department; two and one-half per cent shall gotOthe expense of the maintenance and operation of the pOlice magistrate's court; fifty (50) per cent shall gQtOthe expense of the maintenance and operation of the police department; and forty (40) per cent thereof to the cost and maint enance. of the. fire department of the City of Bozeman. Such payment shall be made from said fund to the extent that the money. in such fund is 'I..... available. and the balance of such expense. and my deficiency. shall be · . ! paid from the fire fund of said City as to the fire department, and from , the general fund of the City of Bozeman as to the other expenses herein specified. Sec. 12. Every person, firm, association, or corporation, and the agents, servants or employees of such person, firm, association or corporation, conduc ting, operati ng, transac ting, engaging in or carrying on any of the industries, pursuits I profess ions I 0 ccupa ti ons, voc'ati ons , entertainments, shows, or businesses, spec ified or enumerated in this ordinance, without first proouring the license therefor as herein re- quired, shall be deemed guilty of a violation of this ordinance, and upon conviction thereof in the police court .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 ~ail for not less than one 'd~, nor more than ninety days, or by bo th -such, fine and imprisonment; provided, that if any such fine so i.mposed be not paid it shall be satisfied by the .1".. person upon whom 1 t is impos.ed by imprisonment intbe 01 ty or County J"ai 1 ,...' at the rate of one day'S imprisonment for each Two Dolla.rs of such fi ne. Any prosecution, oonvic ticn and punishment under" this section shall not >, relieve from payment of the license required, but the same must also be ' paid, and maybe collected by the means and in the manner elsewhere in ! \ ,'~> .';,.t ..':,;. " r. 37 .' J,' ~~': 'q.~.,. this ordinance provided. Sec. 13. Ordinances No. 494, 506, 529 and 535 of the City of Bozeman, and all ordinances and pa:r;ots of ordinances in conf1ic t with the provisions of this ordinance, are hereby repealed. Provided that this provision for the repeal of Ordinance No. 535 shall not deprive the city of Bozeman from enforcing by suits now pending the collection of any license due the Ci ty of Booeman under said Ordinance No. 535, or prosecu- tions now pending for violations of said Ordinance No. 535. Sec. 14. If any provision 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 provisions shall in no manner affect the other provis1omr of'this ordinance, but every other section and everyotherprovislollshal1 be uphe1das the legis- lative will of the City of Bozeman, Montana, to the same extent as tho such unconsti tutional or il}va1id provisions had not been a part of this ordinance. ..(. Sec. 15. That th is ordinance shall be in force and eff~~' on and after the 1st day of January, 1926. i. .Ii :~ Adopted by the C01lm:tssion of the City of Bozeman ,:Montana, and approved by the Mayor thereof, this 30th d~ of November, 1925. I ~_./~ -. KAYOR. .....,", ATTEST: ,. ~~'--;'.d/ ~ ~ ,~ CLERK OF THE COMMISSION. .." ~ " STATE OF MONTANA ~ SS COUNTY OF GALLATIN I, Walter Da~is; .Clerk of the Commission in the City of Bozeman, Montan~, do hereby certify that the. nwn'ber and title of the foregoing Ordinance No. 554 of the City of Boz~an, ;Montana, was published once with- in ten days after its passage, to-wi.t: ,On the 3d day of December, 1925, in the Bozeman Daily cproniole, a dai ly n..,.paper of general circulation, printed and publishe.d j.nthe City of Bos.~', l'o'ntana, and that due proof of said pUblication was made and f11ecl~ my office. 1H wrrnss WHEREOF I h~Te h."~B..to set my hand and the corporate seal of the said City this ~ d81' .ot'"1).ecember, A.D. 1925. I . ~~. . cmRK OF. CO IS81((~ .