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HomeMy WebLinkAboutOrdinance 29- 583, Defines Term "Transient Retail Merchant" and Regulates and Licenses Them c' 164 proof ne.Rd 9~d CIll,Ck-ed. ~.".--.~J.k..~~.._- . ORDINANCE NO. 583 .._u._3c:_:LR...~ ....-.. AN ORDINANCE DEFINING THE TERM "TRANSIENT RETAIL MERCHANT", AND TO REGULATE AND TO LICENSE TRANSIENT RET~IL MERCHANTS, AND TO FIX THE TERMS . OF REGULATIONS AND THE AMOUNT OF LICENSE FEES TO BE PAID, TO PROVIDE FUNDS FOR SUCH REGULATIONS AND THE ENFORCEMENT THEREOF, AND TO PROVIDE .. FOR THEIR COLLECTION, AND TO REQUIRE BOND, AND TO PREVENT FRAUD, AND TO 1- PROVIDE PENALTIES FOR THE VIOLATION OF ANY OF T~ TERMS OF TlfIS ORDINANCE, AND FOR OTHER PURPOSES. BE IT ORDAINED BY THE COMMISSION OF THE CITY OF BOZEMAN: 'f SECTION 1. AUTHORITY. Pursuant to the power and authority vested in the Commission by . the provisions of Seotion 2421 (as amended by Chapter 182, Laws of Montana 1925); Section 5039 (as amended by Chapter 20, Laws of Montana 1927); Section 5224 and Section 5409 R.C.M:. 1921; and in aid of the police power and regulations of the City of Bozeman it is hereby de- '{ clared unlawful for any Transient Retail Merchant to engage in business ... ._~.. . in .'t.~ Citll of Bozeman before having made applioation for and having re- . ./ . ~:. oeivetr a license as hereinafter provided. ~ i. .. SECTION 2. DEFINITION OF TERMS. ... - ' . --...., Every person, firm or corporation, acting for himself or itself, .' .' ~ ~ or represe~ting any other person, firm or corporation who or which brings into temporary premises, into this City, a stock of goods, wares or articles of merchandise or notions or other articles of trade, and who I; or which solicits, sells or offers to sell, or exhibit for sale, suoh . ~ f stock of goods, wares or articles of merchandise or, notions or other articles of trade at retail, is within the meaning of this Ordinance, a ~.~ Transient Retail Merohant, and 8UD~ definition shall oontinue to apply .: until such person, firm or corporation shall be continuously engaged at such particular place in the City for a period of one year. ! "Temporary premises" within the meaning of this Ordinance shall . be construed to include any hotel, rooming-house, store room, building ; <--' or any part of any building whatsoever, tent, vacant lot, freight ~tation, railroad oar, or any public or quasi-public place, temporarily occupied \ for such business. ;, SEOTION 3. AMOUNT OF LICENSE. ~he amount to be paid for the license to conduct the business of a "Transient Retail Merchant" shaJ.l be the sum of Thirty-five Dollars ($30.00), for the first week or fraction thereof, and Five Dollars for each succeeding week or fraction thereof, to be paid in advance to the I Direotor of Finance. SECTION 4. APPLICATION FOR LICENSE. . :"."", . Every Transient Retail Merohant desiring to do business in this City must before commencing suoh business, file.with the Director of Finance, on a form to be provided by such Director of Finance, an appli- oat ion in writing subsoribed and sworn to~y such applicant before an officer in this State authorized to take oaths which application shall , . , 165 . "- " , set .forth: 1. Name of Applioant. . 2. His place of permanent residence. .. I 3. His looal headquarters, if any. 4. Time of his arrival in the City.- 5. City or County from whioh last license, if any, received. ~. 6. Whether acting as prinoipal. agent, or employee. " 7. If acting as 'Agent or Employee, the name and place of business , \ of his principal or employer. " 8. If an Agent, as part of application. Prinoipal's aoknowledgment of such Agency must acoompany applioation. 9. Brief desoriptive list of articles to be offered for sale. or services to be performed.--.....~ +0. Whether payments or depOsits~Y-...~llected lthen orders are "taken. or in adTanoe of fi ./deliver. . ~' . ll. The number of weeks for whic lioense is requested. . , - The number of persons engaged in the business. 12. At the time of filing the applioation, suoh Transient Retail Merchant must accompany the applioation above provided with the sum specified in the >, preceding Section as a license fee except as provided in the following Seotion. SECTION 6. PROVISION FOR BOND IN LIEU OF LICENSE. ,'I In lieu 'of the license fee prescribed in Section '3 of this Ordinance, every Transient Retail Merchant who filed with the application required in Seotion 4 an affidavit, indicating bo_ fide intention to beoome a permanent merchant and continue in business for a period longer than one year, shall f. upon filing and approval of the bond herein provided for, receive from the J '~''/I- "'. Director of Finance a license permitting the conduot of such business for a " period of one year. Suoh bond shall be a surety bond in tne penal sum of . One Thousand Dollars ($1000.00) to said Direotor of Finance executed by a surety company licensed to cIobusiness in this State or by two responsible freeholders residing in the County and whose names apPear upon the assess- ment roll of said county (or in lieu thereof a oash bond of equal amount) and to be approved by said Director of J'inanoe conditioned upon the per- formance of the intention to become a permanent merchant and continue in business for a period longer than one year and to insure the payment of license fees for the period such business is actually conducted. if not in fact a bona fide permanent business. and further conditioned, upon the I delivery of goods ordered or sold in aocordance with the terms of suoh " ___-I order or sale. Any person aggrl.ved~by any action or' misrepresentation of any such Transient Retail Merchant shall have a right of action on said , bond for the recovery of his money advanced or damage, and costs. Such . bonds shall remain in full force and effect for a period of six months after the expira.:;!"On of the one-year period. SlWTION6. . ISSUANCE OF LICENSE ENDORSEMENT AND FItING OF APPLICATION. \.. ~. .i ~' 166 Upon filing the application prescribed in Section4, and the payment of the fee prescribed in Section3, the Director of Finance shall . issue and deliver to the applicant a license to carry on the business described in suoh applioation in the City+ for a period for which such I . license is r~quested. Upon filing the applioation prescribed in Seotion 4 and the bond prescribed in Section 5, the applioant shall file an apPJ.ication for a license under the provisions of Ordinance No. 58~, and shall pay the fee therefor and be subject to all the other provisions therein contained. \ The Director of Finanoe shall act upon this application aooording to all the terms of Ordinanoe No. 581. Suoh licenses shall be non-transferable and shall have printed on the face thereof in bold type the words "Not Transferable". The Director of Finance shall endorse upon each applioation the date of issuance of the license and the duration thereof and shall . immediately file suoh applioation with the City Clerk, who shall file the same in his office and keep an appropriate index thereof, which shall show the date filed, the name of applioant, and an appropriate reference ;,:It to the file number by whioh said,applioation may be found. " SECTION 7. PENALTY FOR FAILURE TO EXHIBIT LICENSE. I. Every Transient Retail Merchant doing business under the provisions of this Ordinance shall at all times keep said license conspicuously posted in said plaoe of business, and any suoh Transient Retail Merohant who shall fail to post and keep posted his license as above provi4ed is guilty of a violation of this Ordinance and shall be fined not less than Ten Dollars ($10.00) nor more than Twenty-five Dollars ($25.00) for each offen.e. SECTION 8. PENALTIES AND PROSECUTIONS. Prosecutions for violation of this Ordinanoe. shall be in the Polioe Court of the City of Bozeman, Montana, upon written complaint of the City Manager, Direotor of Finance, or Chief of Police of said ctty, Qr of any oitizen of Bozeman, In addition to fine and imprisonment here- inafter pro~*~ed for violation of this Ordinanoe, a oivil judgment for the amount of the lioense found due and unpaid may be entered against the defendant, if found gUilty,and the same may be enforced by the City of Bozeman, through. i tsDirector of f'lnance, in the manner provided in I Sections 2241 to 2246, inolusive, Revised Codes of Montana, 1921. SECTION 9. PENALTY FOR DOING BUSINESS WITHOUT LICENSE. Every Transient Retail Merchant as herein defined, doing business without procuring the lioense therefor as herein required, 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 les6 than .f!1ive Dollars nor more than ~wo Hundred Dollars or by imprisonment in the City '" .~,'.... ,,".". . ~, . . 167 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 fine so imposed be not paid it shall be satisfied by the person upon whom it is imposed I by imprisonment in the City or County Jail at the rate of one day's im- prisonment for each Two Dollars of such fine. Any prosecution, conviction and punishment under this section shall not relieve from payment of the 1 license required, but the same must also be paid and may be collected by the means and in the manner elsewherein this Ordinance provided. SECTION 10. INTERSTATE COMMERCE. Nothing in this Ordinance contained, is intended to operate so as to interfere with the power of the United States to regulaie oommeroe ....- between the states as such power is defined by the Supreme Court of the United States. SECTION 11. CONSTITUTIONALITY. If any provision of this Ordinanoe shall be held to be in contra- vention 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 effect ,the other provisions of this Qrdinance, but every other section and every other provisions shall be upheld as the .legis- I - la tive will of the City of Bozeman, Montana, to the sameexj;ent as _ .'~ "', though such unconstitutional or invalid provisions had not been a part . . of this Ordinance. SECTION 12. REPEAL . That all Ordinances and parts of Ordinances in conflict herewith are hereby repealed. SECTION 13. EFFECT. That this Ordinance shall be in fu~l foroe and effect from and after thirty days after its final passage. Finally passed by the Commission of the City of Bozeman this 20th day of December, 1929., 0-t~A// y r Attest: I ~ Clerk of. e omm ssion "- <. -/ .- -...",..- .,- -..', ., . . ~:". 168, .. Introduced, read for the first time, and provisionally passed by the Commission of the City of Bozeman, >>his 13th day of December, 1929; final passage fixed for meeting of Commission December 20, 1929. Published in the Bozeman Daily Chronicle, December 22nd, 1929. I Effective January 19t1i, 1930. I, Walter Davis, Clerk of the Commission of the City of Bozeman, Montana; do hereby certify that the foregoing Ordinance No. 588 of the City of Bozeman, Montana, was published by title in the 'Bozeman Daily Chronicle, a daily newspaper of general circulation., l>rlnted and published in the 01 ty of Bozeman, in the issue of Dec. 22, 1929, and the 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 22nd Day of December, 1929. ./J!JII~I Cler 0 e omml.ss1cn - I ~ - - \ ~t, . . -'. , I \ ....',. '-, ," ....