HomeMy WebLinkAboutOrdinance 29- 581, Requires Certain Occupations to Pay License Fee and Repealing Ordinances 494, 506, 529, 535 and 554
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ORDIJ!lABCE NO. D8l. I - ~_!l. .-
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AN ORDINANCE REQUIRING THOSE ENGAGED IN CERTAIN OCCUPATIONS, INDUSTRIES, TRADES,
PURSUITS AND PROFESSIONS IN THE C1TY OF BOZEMIN TO PAY A LICENSE FEE IN AID OF
THE POLICE REGULATIONS OF THE CITY OF BOZEMAN, PROV!DING FOR THE GRANTING. RE-
FUSAL, SUSPENSION AND REVOCATION OF SUCH LICENSES. PROVIDING PENALTIES FOR
I VIOLATION OF THIS ORDINANCE, AND REPEALING ORDINANCBS NUMBERED 494>> 506, 529.
535 AND 654 OF SAID CITY OF BOZEMAN, AND ALL OTHER ORDINANCES AND PARTS OF
ORDINANCES OF THE CITY OF BOZEMAN IN CONFLICT HEREWITH.
BE IT ORDAINED BY THE COMMISSION OF THE CITY OF BOZEMAN:
SECTION 1. AU!rBORITY, APPLICATION AND FEES.
That, under and by virtue of the power and authority vested in the
City of Bozeman by the provisions at Section 5409, Section 5224 and sub-
divisions three, four, sixteen and fifty-tour ot Section 5039 as amended
by Chapter 136, Laws of Montana 1923, and by Chapter 20, Laws of Mon'tana
1927, and in aid of the polioe power and regulations of the said City of Bozeman,
it is hereby ordained that no person, firm, association or corporation, shall
.
conduct, operate, transact, engage in, or oarry on, any of the industries,
trades, pursuits, professions"voeations or businesses, within the City of
Bozeman, hereinafter speoified and enumerated, without tirst applying for
and obtaining a license therefor from said City of Bozeman, as herein pro-
vided, and, if suoh application for lioense be granted, shall pay therefor
~ as follows:
I 1. ABSTRACTORS. Eaoh individual abs'raotor, $lO.OO per year.
2. ACCOUNTANTS. Each individual aooountant, $10.00 per year.
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3. AGENT, COMMISSION MEN, BROKERS, GRAIN DEALERS and TRA.CT BUYERS;
as defined in Section 357., R.C.ll. (as amended by Chapter 154,
Laws of Montana 1929) each individual operator $10.00 per year.
4. ARCHITECTS. Eaoh individual arohitect, $10.00 per year.
I. AR! STORES. See Merchant. . ., "J~I'~
6. AUCTIONEERS. . Each individual auctioneer, .~O\~O(r~p..er 'year, or .
$f).OO per day. ,..Ji \.>'1.,-' ,.~.
7. AmO TAXIS OR' :BUSSES FOR HIRE. - ~Tax~"or Bus, '$15.00 per year
as provi4.'A~nO~.Tlance No. 576.
\ '( ~ ,~"'..',~ ~
8. AUT'O TRUCKS' FOR HIRE. Tru.cks over 1 ton oapacity, '15.00 per year;
I ton capaoity or less '12.00 per year.
9. AUTO UP.lIltS ONLY. $15.00"per year.
10. AUTO STORAGE OBLY. t10.00 per year.
11. AUTO SUPPLIES ONLY. $10.00 per ;year.
12. AUTO sAtEs ONLY. t10.00 per year.
(In the last four items abovementioned, if any two or more of said
businesses are oombined, the lieense.~l be the total of such businesses
I so combined.) . .
13. AWNING SALES AND INSTALLATIONS, 110.00 per year.
14. BAKERIES. t25.00 per year; first.truck license, no charge;
each additional one, ,5.00.
15. B.AmCS. Bas,lo LicenBe"'~op per,.ear, and in addition thereto,
$1.00 for each and. everyp.JtJOll employed at such bank exoept
the executive .officer there..'..,
16. BARBER SHOPS. $4.00 per yeaI' foreaoh chair in use.
17. BATTERY SERVICE. Battery service, not in conneotion wit~ a
garage, $10.00 per year;f1rst truck license, no charge; each
addi tional one " $5.00.
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150
18. BEAUTY OR MANICURE PARLORS. $4.00 per year for each chair
in use.
19. BILLIARD .AND POOL TABLES. For public use, $5.00 per year
per table.
20. BILL BOARDS. Bill boards, or windows, or frontage of any
building or fence or other structure upon which or within I
which is painted or papered any bills or other advertising
matter; 2 cents per square foot of surface.
21. BILL POSTING. Bill posting, distributing, or painting any . "
advertisement of any kind or nature whatsoeyer, $50.00 per
year; provided, however, that nothing herein contained shall
include members or employees of resident business firms,
churches, charitable organizations, candidates for political
offices, distributing advertising matter concerning them-
selves or their businesses; and provided further, that no
medicine or semples harmful and injuriou~ to children eating
or handling the same, shall be distributed by any person.
...
22. BLACKSMITH SHOPS. $4.00 per year for each forge in use.
23. BOOTBLACK STANDS. On street or sidewalk, .25.00 per year;
i1+si9-.8, :not run in oonnection with other business, $8.00
"P'l.l";:year.
24~ BOTTLING WORKS. Manufacturer or bottler of pop, soda water,
or other light and soft drinks, put up in bottles, $25.00
per year. First truck license, no oharge; eaoh additional
one, ,5.00.
25. BOWLING ALLEYS. Eaoh alley, $10.00 per year.
26. BROKERS. . Who, whether acting as principal or agent, buys or
sells, or otherwise deals in stocks or bonds, or lm.y.J1or sells .
for future delivery, grain, provisions or produce of any sort,
when said grain, provisions or produce are not actually de- ~
livered; or who buys or sells or otherwise deals in futures I
or options on stocks, bond~, grain, provisions or produce of
any sort; or who receives, transmits or places orders or com-
missions to buy or sell any bonds, stocks, grai n, provisions j
or produce of any sort; or who acts as agent of any commission
house, broker, pr firm ~rading in, buying or selling, placing
or in any. wise dealing in any bonds, stocks, grain, produce
or provisions, option~ or futures of any kind, or pretends so
to db, whether or not such oommission house operates Or pre-
tends to operate in or on any market or board of trade of any
sort. $25.00 per year.
27. BUILDING AND LOAN ASSOCIATIONS. $15.00 per year.
28. BUTCHER SHOPS OR MEAT MARKETS. (any place where fresh meat or
fish is sold) .26.00 per year; first truck license, no charge;
each additional one, ~5.00.
29. BUSINESS COLLEGES. (Commercial) $10.00 Per year.
30. CANNERIES. ;25.00 per year; first truok license, no oharge;
eaoh additional one, $5.00.
31. CARNIV ALS, S'fREET FAIRS, TENT SH9WS OR SO-CALLED ROUNDUPS, '"
(inoluding side show). other than oircuses, menageries, dog
and pony show!!, and wild ~mimal shows. $50.00 ler day. Single
tent show, not otherwise herein provided for, 10.00 per day.
Provided, that n9 carnival, ~treet fair or tent show. shall
operate In~ny location other than that designated in the
lic~ri8e. (See also Bill Board and Bill postin~.
32. CIRCUSES t llENAGERIES. Dog and'>>o~ shows, wild animal shows,
including side shows, transported on more than fifty cars, I
$175.00 per clay. Same, transported on more than twenty-five
ears, ... less than fifty cars, $100.00 per day. Same trans-
pl1rtedon less than twenty-five car~, $50..00 per day.. Pro-
vided, that no circus, JDen~geris, dog and pony show, wild
animal show or circus shall operate in any location other than
that designated in the lioense. (See also Bill BoarQ. and
Bill Posting.) .
33. C IGARET lHUlaERIB OR STORES. See Merchant.
34. CIGAR MAlWI'AC!URERS. $10.00 per year.
35. CLEANIIGAND PRESSIJiG. $lO.QOper"yearj first truck" license
no charge; each addi tlonal one,. t5 .00. .
151
36. CLOTHING STORES. See Merohant.
37. COLD STORAGE FOR HIRE. $25.00 per year. First truck lioense, no
oharge,; each additional oDe, $5.00.
38. COLLECTION AGENmIES.. $25.00 per ye~r.
.1. . 39. CONFECTIONERIES. Manufacturer or J.obber, $25.00 per year.
40. CONFECTIONERIES. Retail. See Merchant.
41. CONTRACTORS OR BUILDERS. tlO.OO per year; first truck lioense no
charge; eaoh additional one.. $6.00.
42. CREAMERIES OR CREAM BUYING STATIONS. $25.00 per year; first
truc~ license, no charge, each additional, one, $5.00.
43. DAIRIES..Each place within the city limits, or within three miles
of the City limits, selling milk in said City, t12.00 pe~ year;' first delivery
vehiolelicense, no oharge; ~aoh additioa~l vehicle, $3.00. Provided, that this
lioense shall apply: on17 to such person, firm or corporation owniiJb.g more than two
cows. Persons owning only two cows "and selling milk therefrom, no license, but
subject to inspeotion. . .
44. DANCE HALLS, PUBLI C . $100. .00. 'per le'ar, Rape.Id. cJJy '8r4iltlllJfl3lo. !o .t :z.
45. DELICATESSEN SHOPS. tlO.OO per year. .
46. DEMONSTRATIONS OR EXHIBITIONS. Demonstrations or exhibi~ioDS of any
utensil, artiole, implement ,goods, wares or merchandise for the purpose of
advertising the same, upon the public streets or upon any vacant grounds, $3.00
per day. ' ,
47. DETECTIVES OR DETECTIVE AGENCIES. $10.00 per year.
.48. . ,DOCTORS, DENTISTS, CHIROPRACTORS, CHIROPODISTS, OCCULISTS,
, OPTICIANS, OPTOMETRISTS, OSTEOPATHS, PHYSICIANS, SURGEOnS, ETC., AND ALL
. OTHERS WHO PROFESS TO PRACTICE A HEALING O~ CURING OR CORRECTIVE ART, OR
lAB. ILITY, FOR A FEE OR VALUABLE CON;3IDERA. TIO.N..' Each ,individual practioner,--'<.
.. $6.00 per year. .
. . 49. DOLL AND CANE RACKS, ,POST CARD OR HOT DOG STANDS, AliD THE,LlXE.
$5.00 per day..
50. DRAYS. ODe or two horse, used for hire, $6.00 per year, in-
cluding license tag. . . ,
51. DRESSMAKERS. Each firm or individual dressmaker employing two
or more assistants, $6.00 per year. '
52. DRUG STORES. ~ee Merchants.
53. DRY GOODS STORES. See Merohants.
54. ELECTRIC LIGHT OR PQWER COllPANIp;S. $100.00 per year.
55. ELECTRIC SHOPS, OR WIRING. Electric wiring, $10.00 per year;
first truck license, nO..,charge; each ~additional one, $5.00.
56. EMPLOYMENT AGENCIES. $10.00 per year.
,
57J KNGlBEERS. Divil,'Industrial, Meohanical, Mining, ete. Each
practitioner. $6.00 per year.
58. EXPRESS COMPANIES. Every person, company, corporation or association,
who, in the City of Bozeman, engages as a common carrier for transmitting or
conveying packages, or express mattei, trom one place to another, for hire or
profit, must for business done exolu.1v81y within the City of Bozeman, and not
i.ncluding any business done to or troanpoints.wlthout the State, and not including
I any business done for the Gdve.rnment of the United states, its officers or
agents, pay a lioense of $25.00 per year.
59. EXHIBI~IONS. $3.0q per g,ay.
60. FILLING STATIONS. Allp+&oes or stations within the City, o~her
than garages, located within the walls of a store-room orbullding, or other-
wise, oonstruoted and maintained 1n &.ocordance with the Building Ordi.xi.ances
and regulations of the Cit,y, in or atwhieh is carried on or conducted, the
business of supply automobiles, motoroycles, or other motor vehicles with
gasoline, oils or other liquids req~ir~d in the operation of automobiles, motor-
cycles, or motor vehicles, $40.00 per year. First truck license; no oharge;
nch additional one, $IO.OO. All places with gasQline or oil pups in oonnection
with Auto repairs, storage, supplies, sales, etc., $5.0Q per year per pump.
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152.
61. FLOWER STORES. $10.00 per year.
,>>2. FORTUNE TELLING, ETC. Fortune tellers, astrologers, clair-
voyants, p.~lm.ists, phrenologists,' itinerant medical p*acti tioners,
hypnotists, mediums and etc., by whatsoever name called, $10.00 per day._
63. FRUIT STORES. See Mer-ehants.
64. FUEL DEALERS. Fuel and Ice Dealers, Selling in Car Loads or I
retailing from Railways only and not using ~elivery truoks or teams,
$10.00 per year. All other dealers- - See merchants; first delivery
truck or team, no charge, aaah additional truck or team, $5.00.
65. FURNITURE STORES. See Merchants. First truck lic~nse, no
oharge; each additional one, $5.00.
66. GARAGES. See Autos.
!
67. GAS COMPANIE3. $100.00 per year.
!.;i~68. GRAIN DEALERS. $10.00 per year.
-69. GRAIN ELEVATORS. $10.00 per year.
70. GREENHOUSES. $10.00 per year; first truck lioense, no
eharge, each auditional one, .5.0~.
71. GROCERIES. See Merohants. First truck license, no charge;
each additional one, $5.00.
72. HARDWARE STORES. See Merchants. First truck license, no
charge; each additional one, $5.00.
73. HARNESS REPAIR SHOPS. $6.00 per year.
74. HAY, GRAIN AND FEED STORES. Retail. See Merchants. First
truck or team license, no charge; eaah additional one, $5.00.
75. HIDES PELTS, ETC. Buying or selling hides, pelts or other I
similar produotS$ $20.00 per year; first truck lioense, no charge; each
additional one, 5.00.
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76. HOTELS, AND R~OMING HOUSES. Any hotel, lodging or rooming
house, with more \than five rooms, 7f:Jfj per year per room.
77. HOUSE MOVERS. $25.00 per house or building.
'.
78. ICE ('only). Putting up, manufacturing and dealing in ice,
$10.00 ter year; first truok or team license, no charge; each additional
truok, 5.00. -
79. IMPLEMENT DEALERS. See Merchant. Pirst truok or team license,
no charge; each additional truck, 35.00; eaoh addit!onal team, $3.00.
.
80. INTERIOR DECORATORS. Selling Decorations, See Merohants.
Professional advice only, '6.00 per year.
81. JEWELERS. See :Merchant.
,,82. JUNK DEALERS. Buying or selling or dealing in Junk, rags,
old rop'es, old tires, 'paper, bagging, old iron, copper, brass, tin,
empty ~ottles, rubber, or any other article or thing that is ordinarily
bought or dealt in by persons commonly called "Junk dealers", $60.00
iar year; first truck or wagon license, no charge; eaoh'additional one,
10.00.
83. LAUNDRIES. STEAM. $25.00 per year. First truck or wagon
license, no charge; eaoh additional truck, $5.00.
84. LAUNDRIES, HAND. $10.00 per year, provided that this license
shall not apply to women engaged in laundry business, where not more than I
two women are so employed.
85, LIVERY AND FEED STABLES. tlO.aO per'year.
86. LUMBER AND FUEL DEALERS. Lumber, coal, wood, and material
dealers, $20.00 per year; first truck; or tea.m license, no charge; each
additional truck, .5.00.
87. MANUFACTURING PLANTS. $10.00 per year; first truck license,
no charge; each additional one,~5.00.
'88. MANUFACTURERS OF PATENT MEDICINES, DRUGS, TGlILET ARTICLES, ETC.
$20.00 per year.
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89. MEDICINES, DRUGS: NOSTRUMS',' ETC. , . Advertising, selling, or giving
away medicine, drugs, nostrums, etc..! $25.00 per day. Lioense.and regulations
are provided for in Ordinance No. 36 . ,
90. MERCHANTS. Basic license, ,15.00 per year, and in addition thereto,
$1.00 for each and every employee of suoh,establishment, except the owner or
I manager thereof. The following lines of business are included in this class-
ification, which shall be subject to additions or changes as circumstances may
justify: '
ART STORES . FRUIT STORES JEWELRY STORES
CIGARET STORES FUEL'& ICE DEALERS lIrIWliERY STORES
CONFECTIONERIES (Retail) FURNITURE STORES MUSIC STORES
DEBARTMENT STORES GROCERY STORES SECOND HAND STORES
DRUG STORES HAY, GRAIN & FEED STORES SHOE DEALERS
DRY GOOD STORES INTERIOR DECORATION SALES. STATIONERY, BOOKS,
CLOTHING STORES HARDWiRE & IMPLEMENTS AND ETC.
TIRE SHoPS AND ETC.
91. MERCHANT MILLERS. .25.00 per year; first truok license, no charge;
each additional one, $0.00.
92. MERY-GO-ROmmS. $5.00~er day; provided, that no ,Merry-Go-Round
shall operate in any location o~her than t~tdesignated in thelicense.
93. MESSENGER OFFICES. :~lO.OO per year.
94. MILLINERY STORES. See :Merchant.
95. MINS!RELS OR LEGERDEMAIN. When not in theatres payi~g regular
license, $5.00 per day;
96. MONUMENT DEALERS. $10.00 per year.
97. MUSIC STORES. See Mercha:qt. First truck license, _no charge;
each additional one, $5.00.
98. OPERA OR 'CONCERT SINGERS OR CONCERT ENTERTAINMENTS. Not in
I regular theatre, $5.00 per day. But no license must be collected from any
amateur exhibition or conoert for ,school or charitable or religious purposes.
. .
99. PACKING HOUSES. Wholesale. $40.00 per year; firs~ truck license,
no charge; each additional one, $5.00
100. PAINT SHOPS. $10.00 :per year; first truck lioense, no charge;
eaoh additional one, $0.00.
101. PAWNBROKERS. $100.00 :pe,r Y'ea~.
102. PENNY ARCADES. S;lthiLbitionswith phonog~aphs, kinetoscopes, vita-
scopes or other simflar i'nstruments, by ,whatsoever name oalled, $100.00 per
year, or $5.00 per day.
. 103. PHOTOGRAPHERS. $10.00 per year. itlnerant"withoutflxed :place
of business, $40.00 per y~ar, or $2.00 per da7. ,
104. PLUMBING. Either .$S master or employing plumber, including
installation of heating plants and gas service, $15.00 per year; ,first truok
license, no charge; each additional one, $5.00.
105. POPCORN OR PEANUT STANDS. On street or alley, '25.,00 per year.
*'
106. PRINTING (JOB) ES~ABLISHMENTS. $10.00 per year.
107. PROMOTERS, SELLING STOCK. Promoting or selling or offering for
sale stook or corporations, either foreign or ,domestic, $50 .OOpe.r year or
$5.00 per day."
108. . PUSH CARTS. Se11lDa upon the Streets of the City from a push cart,
I wagon or other vehiole, ice oream, sode poP. ehewill:g gum, fruits" etc., $20.00
per year per cart, wagon or vehiole. .
109. RAILROADS. Every person, company" corppration or assooiation en-
gaged in, conducting or carrying on the business, of. as.team or electric rail-
way in.the City of Bpzeman and oocupyiD8 any part of the streets of the City ot
Bozeman must,forbusiness done excluaivoJ,.y w.1thln the City of Bo_zeman and not
including anyb'tlsines's done to or t~o-m p.i.a"~thout the state, and not in-
cluding any business done for thegovernmel1t..~ th. United .states, or i.ts
officers or agents, procure a license trom'the City of Bozeman and pay therefor
the sum of Fifty Dollars per ye.ar. .
110. REAL ESTATE AGEN,TS, ~.CE AGE,J(TS OR LOAN AGENTS. Eaoh individual
agent, $6.00 :per year.
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Ill. REPAIR SHOPS. $6.00 per year. .
112. RESTAURANTS, CAFES; ETC. Restaurants, cafes. lunch counters,
boarding houses. .25.00 per year; provided. that this license shall not
- be required trom private eating houses.
113. RUG CLEANERS. tIO,OO per year.
, I
114. SCALES, PUBLIC. Other than County Soales. $10.00 per year.
lIB. SECOND HAND STORES. See Merchants. First truck license,
no charge. each additional one, $5.00.
116. SEED COMPANIES. Eaoh Plant $25.00 per year; first truck
license, no charge; each additional one, $5.00.
117. SEWING MACHINE DEALERS. $10.00 per year; first truck
license, no charge; each additional one, $5.00.
118. SHOE DEALERS. See Merchants
119. SIGN HANGING. $10.00 per year. ,
120. SLAUGH~ER HOUSES. Within the City limits Or within three
miles of the City limits, $25.00 per year.
121. S~TING RINKS. Roller or Ice. $60.00 per year.
jii.""~" .
122. SOFT DRINKS. All places commonly known or'designated as .
soft drink places or parlors where card tables areinst<alled. $50.00 ,
'p1fr Yf>ar. Other establishments operating Soda Founta1Jhs~:,selling
oonfeetionery. fruit or cigars, $30.00 per year~ Other places "not
selling soft drinks or operating soda founsains but where card tables
are installed.$fL.OO per year per table in addition to regular license.
123. STATIONERY. BOOKS, ETC. See Merchants.
124. TAILOR SHOPS OR CLEANING ESTABLISHMENTS. $10.00 per year;
first truck license, no charge; each additional one, $5.00. I
125. TANNERIES, $10.00 per year.
126. TELEGRAPH COMPANIES. "Eaeh telegraph company shall >>ay Ii.
license of $20.00 pe.f year for each instrument in use;'provided.tl).at no
license shall be required for any instrument used exclusively for the
transmission of messages and. communication13 -to and from points Jithout
the state of Montana. ~\" .,'1
"
127. TELEPHONE COMPARfBS. $60.'00 per year.
128. T~A~RIS. Moving picture show house. $25.00 per year.
Theatre (tba&Q "to be defined as plaee having a stage and equipment .for
putting on vaud'evllle. concerts, or road shows) and moving picture house
combined. $100.00 per year.
129. TIN SHOPS OR SHEET METAL SH"OPS. $10.00 per Yffar. First
truck license, no charge; each additional one, $5.00.
130. TIRE SHOPS.' See Merchants.
~al. TOURIST EARKS. Basic lioense $20.00 per year. In addition
thereto 'lQOO for each and every cabin.
132. UNDERTAKERS. $20.00 per year; first auto, hearse, or dead
wagon license, no charge; each additional one. $5.00.
133. VETERINARIANS. Each individual veterinarian, $6.00 per year.
134. VENDORS OR PEDDLERS (Itinerant). See Ordinance No. 580.
135. VULCANIZERS. tl0.00 per year; first truck license, no oharge; l-
each additional one. #5.00.
136. WAREHOUSES. $10.00 per year; first truck license, no charge;
eaoh additional one. '5.00.
137. WHOLESALE GROCERS. Handling fresh fruits. vegetables, eggs,
meats and other perishable products, grain hay and produc. at wholesale,
,25.00 per year. First truck license, no oharge; each additional one, $5.00.
138. WATER OR SEWER INSTALLING. t10.00 per year.
139. WRESTLING MATCHES. $10.00 per day.
.
140. WEAVING SHOPS. $6.00 per year.
1-,55
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~ SECTION 2. INTERSTATE COMMERCE...
.Nothing in this Ordinance contained is intended to operate so as to
interfere with the power of theCongress of the United States to regulate
I commerce between the states, as such power is defined by the Supreme court
of the United states.
SECTION 3. DUTY OF DIRECTOR OF FINANCE - APPLICATIONS - REFUSALS.
The Director of Finance for the City of Bozeman shall be charged with
the Collection of the licenses herein provided for, and application for license,
accompanied by 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 ap~lication, when it
shall be submitted to the City Commission, which may, in its discretion, decline
to issue such license if, in the Judgment of the Commission, it will be for
the best interests of the City of Bozeman to refuse such license. Upon such
,
, refusal the license fee paid upon application shall be returned to the applicant.
The Direc~or of Finance shall prepare all blanks for applioations and for
lioenses, and books of account in oonneotion therewith, and all expense in
eonnection with the administration of this Ordinance shall, so far as is
possible, be charged against the funds oollected under this Ordinance, to be
.
....1 segregated and deposited as hereinafter provided. All applications made under
this Ordinance, shall qear upon their face the following: "This applioation
is made subject to all the terms and conditions of Ordinance No. 5al of the
City of Bozeman, ~hich are hereby agreed to, and this license is not trans-
ferrable." All licenses issued under this Ordinance shall bear upon their face
the following: "This license is issued subject to all the terms and conditions
of Ordinance Bo. 581 and of Applioation No. _ which are hereby agreed to
and this.license is not transferable".
SECTION 4. INSPECTION AND REGULATION UNDER POLICE POWER.
Every person, firm, association or oorporation licensed under the
provisions of this Ordinance shall be subJeot to regulation, inspection, control,
and supervision under the general >>olice power. of the City of Bozeman and of
. all of the Ordinances now in force, or which may hereafter be adopted, in aid
of such police power and regulation; and each and every such license aruall be
subjeot to suspension and revooation as hereinafter provided.
SECTION 5. SUSPENSIOI AND REVOCATION OF LICENSES.
I Whenever in the Judgment ot the City Manager any licensee under this
Ordinance is conducting the business, trade, oocupation, vooation, performance,
.entertainment, or profession so lioensed, in a manner which violates any
Ordinance or regulation und~r the general polioe power, of the City of Bozeman,
or .in any manner detrimental to the public 'health, morals, or welfare, he
shall briefly report the faots to the Mayor, or in the absence or incapacity
of the Mayor, to any member of the City Commission, who may thereupon suspend
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such license by notice to that effeot personally served upon the lioensee,
or left at his plaoe of business with the person in charge thereof. Such
license shall thereupon stand suspended. At the nnext regular meeting
of the City Commission, or at any special meeting called for that purpose, I
such suspension shall be reported to the City Commission. The City
Commission shall then have the power and authority to remove such sus-
.
pension, continue the suspension for any period not exc8ed,ing sixty
days, or revoke suoh lioense, by or~er entered upon the Minutes of the
proceedings of the Commission, a copy of which order shall be served
upon the licensee, or left at .this plaoe of business with any person in
charge thereof, and such licanse shall thereupon stand renewed, suspended,
or revoked, as in suoh order speoified. If, when revoked, any license
has an unexpired period of six months or more, fifty per cent of the
license -fee collected thereunder shall be rh~ded to the licensee upon
demand; provided, that such demand for refund must be made within thirty
days after suoh revocation, or the same shall not be entertained.
SECTION 6. UNLAWFUL ACTIVITIES NOT TO BEl.IBINSED.
No provision herein oontained shall be so construed so as to ,.
, ,,"1
license any trade, business, oocupation, vocation, pursuit,professlon, or ?:/~
entertainment prohibited by any law of t}le United States, of the state of I
Montana, or'by any Ordinance of the City of Bozeman.
SECTION 7"l SEPARATE LICENSES REQUIRED: APPEALS.
Except as otherwise herein provided a sepal'ate license must be
procured, (where a license is required by the provisions of this Ordinance)
for eaoh and every trade, business, oocupation, pursuit. vooation. 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 shall be referred by the-Direotor of
Finance to the City Manage~, who shall decide the question, subject to
appeal to the City Commission. If suoh appeal be taken no license shall
be issued while the same is pending; but the applicant shall 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 himself entitled. No adplication for refund not made within
thirty days after payment shall be considered.
SECTION 8. FEES PAYABLE IN ADVANCE. PART YEAR FEES. I
All lioenses, except as otherwise herein provided, shall be
payable yearly, ip advance, and on or before the 31st day of January of
each year. after the passage of this Ordinance. Any license issued after
the 30th day of June of each year. (unless the applicamt shall have pro-
cured a licinse under the provisions of this Ordinance at an earlier date)
shall be issued at half the yearly rate; provided, that any licensy
issued for a specified date, time or place shall not be a license for any
".:,.
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other date, time or place. If any licensee, having 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 case of a license for a particular and specified
I date, time and place) such licensee shall be entitled to a refund of fifty
per centum of the fee paid, upon application thereforwithln thirty days
from the time such operation oeased, but not thereafter. All licenses,
except as otherwise herein provided, shall expire on the 31st day of December
in each year.
SECTION 9. PROSECUTIONS AND FENALTIES.
Prosecutions for violation of this Ordinance shall be in the Police
Court of the City of Bozeman, Montana, upon written complaint of the City
Manager, Director of Finance, o~ Chief of Police, of said City, or of any
oitizen of Bozeman. In addition to the fine and imprisonment hereinafter
provided for violation of this Ordinance, a civil Judgment for the amount of
the license found due and unpaid may be entered against the defendant, if
found guilty, and the same, maybe enforced by the City of Bozeman, through
its Director of Finance, in the manner provided in Section 2241 to 2246,
~ inclusive, Revised Codes of Montana, 1921.
SECTION 10. PROPERTY HELD FOR PAYMENT OF FEES. LIEN OF LICENSES.
I (1,J All property held or use~ in any trade, occupation, business, 'vocation,
:tJJ:
'~I pursuit or profession, for which a lioense is required by the provisions
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t,t of this Ordinance, is liable for suoh lioense and subJlot to a lien, for
(
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cllJ the amount thereof, which lien has precedenoe of any other lien, claim
;11' or demand, except liens, claims or othe~ demands of the United States and
J the State of Montana, or of either of them; and if any "person fails or
.),
:t
.,' ; refuses to procure a license before the transaction o~ the business
specified, except as o~herwise herein provide~, the Director of Finance must
seize such property, or any other property belonging to such person, assoc-
~
'iation, firm or corporation, and sell the "same in the manner provided in
Sections 2241 to 2246, inclusive, ReVised (;ode~ of Montana, 1921. Such
procedure for the collection of such license shall be cumulative and in
addition to any other prooedur.e or penalty herein provided tor violation
of this Ordinance.
SECTION 11. EXERCISE OF GENERAL POLICE POWER - DISTRIBUTION OF
FEES COLLECTED.
I It is hereby declared that the industries, pursuits, professions,
occupa~ions, businesses, trades and vocations required to procure licenses
under this Ordinanoe require special regulation, inspection, control and
protection under the general polioe power of the said City of Bozeman, and
on account ot such special service it is estimated that there is chargeable
to suoh industries, pursuits, professions, oooupat~ons, businesses, trades
an~ vocations, all of the cost ot administration of this ordinanoe; tbBee-
.
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15.8
fourths of the health inspection, regulation and control of the City of
Bozeman; one-fourth of the cost of the maintenance and operation of the
police magistrate's oourt of the City of Bozeman; sixty-five per cent of
the cost of the maintenanoe and operation of the police department of I
~he City of Bozeman; and forty per cent of the cost of maintenance and
operation of the fire department of the City of Bozeman. Tha t 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 Protectiono~ Life and Property Fund"; and there shall
also be deposited in said fund one-half of all fines and penalties
collected Or paid into the police magistrate's court, one-third of all
building permit fees, and one-third of all building inspection fees,
eollected, paid or 48'981 ted', shall be paid all of the expense of the
administration of this ordinance, and of the balance remaining, seven
and one-half percent shall go to the expense of the maintenance and operation
of the health department; two and one-:-half per cent shall go to the expense
of the. maintenance and operation of the police magistrate's court; fifty
per cent shall go to the expense of the maintenance and operation of the
police department; and forty per cent thereof to the cost and maintenance
of the fire department of the City of Bozeman. Suoh payment shall be I
made from said fund to the extent that the money in suoh fod is available,
and the balance of such expense, and any defioiency, 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 expense herein specified.
.
SECTION 12. PENALTIES.
Every person, firm, assooiation, or oorporation, and the agents,
servants or employees of such person, firm association or corporation,
oonduoting, operating, transacting, engaging in or carrying on any of the
industries, pursuits, professio~s, occupations, vocations, entertainments,
shows, or businesses, specified or enumerated in this Ordinance, without
first p,roouring the license therefor as herein required, shall be deemed
guilty of a violation of this Ordinance, and upon conviotion thereof in
the police court of the City of Bozeman shall be fined ~ot less than -
,
Five Dollars nor more than Two Hundred Dollars, or by imprisonment in
the City or County Jail for not less than one day, nor more than ninety
days, or by both such fine and imprisonment; provided, that if any such I
fine so imposed be not paid it shall be satisfied by the person upon whom
it is imposed by imprisonment in the city or County Jail at the rate of
one 'day's imprisonment for each Two Dollars of such fine. .Any proseoution,
oonviction and punishment under this section shall not relieve from
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payment of the lloense.roquired, but the same must also be paid, and may
.
be colleoted by the IDa:ans and in the manner elsewhere in this Ordinance
provided.
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SECTION 13. REPEALS. <.. .
535
Ordinances No. 494, 506, '529/ and 554 at the City of Bozeman, and all
~
ordinanoes and parts of ordinanoes in oonflict with the provisions of this
I Ordinance,- are hereby repealed. Provided, that this provision for the repeal
-
of Ordinance No. 554 shall not de~r~ve the City ot Bozeman from enforcing by
suits now pending ~he collection of any license due the City of Bozeman under
said Ordinance NO.,554, or proseoutions now pending for violations of said
. Ordinance No. 554.
SECTION 14. CONSTITUTIONALITY.
If any provision of this Ordinance shall be held to be in contravention
of the Comstitlltion of the United States, or of the State of Mon tana, or
invalid for any reason, the invalidity of such provisions shall in no manner
effect the other provi sions of this Ordinance,. but every other section and
every other provision shall be upheld as the legislative will of the City of
Bozeman, Montana, to the same extent as tho suoh unconstitutional or invalid
provisions had not been a part of this Ordinance.
SECTION 15. EFFECT.
That this Ordinanoe shall be in full force and effect from and
atter thirty days after its passage.
I Finally passed by the Commission of the City of Bozeman this 6th
day of December, 1929.
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Attest:
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r.4J7 A .
Clerk 0 e omm ssion
Introduced, read for the first time, and provisionally passed by the
Commission of the City of Bozeman, this 29th day of Nevember, 1929; final
passage fixed for meeting of the Commission December 6, 1929.
Published in the Bozeman Daill Chronicle, December 8, 1929.
Effeotive January 5, 1930.
- I, Walter Davis, Clerk of the Commission of the City of Bozeman, Montana, do
hereby certify that the foregoing Ordinanoe No. 581 of the City of Bozeman,
Montana, was published by title in th~ Bozeman Daily Chronicle, a daily
I newspaper of general circulation, printed and published in the City of Bozeman,
in the issue of Dec. 8, 1929, and that due proof of said publication was
made and filed in my office.
IN WITNESS WHEREOF I have .hereunto set my hand and the corporate
seal of said City this 8th day of Deoember, 1929.
. ''".......
Cferk or the CommIsshrn
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