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HomeMy WebLinkAboutOrdinance 31- 613, Defines "Transient Wholesale Merchant" and Regulates and Licenses i~ 3Id ~oOo~ec . . 9>,,0- 'E ....~ .J!:~I;;lr ORDINANCE NO. 61~. AN ORDINANCE DEFINING THE TERM "TRANSIENT WHOLESALE MERCHANr", AND TO REGULATE AND TO LICENSE TRANSIENT WHOLESALE MERCHANT S, AND TO FIX THE TERMS OF REGULATIONS AND THE AMOUNT OF LICENSE FEE TO BE PAID, AND TO PROVIDE I .FUNDS FOR SUCH REGULATIONS AND THE ENFORCEMENT THEREOF, AND TO PROVIDE FOR THEIR COLLECTION, AND TO REQUIRE BOND AND PREVENT FRAUD, AND TO PROVIDE PENALTIES FOR THE VIOLATION OF ANY OF THE TERMS OF THIS ORDINANCE, AND FOR OTHER .PUBPOSES \ BE IT ORDAINED BY THE COMMISSION OF THE CITY OF BOZEMAN: Sectionl. AUTHORITY Pursuant to the power and authority vested in the Commission of the City of Bozeman by the provisions of Seotion 5039, paragraph three, (as amended by Chapter 20, Laws of Montana, 1927), Section 5224 and Section 5409, Political COde, R.C.M~, 1921, and in aid ot the police power and Regulations of the City of Bozeman, it is hereby declared unlawful for any "Transient Wholesale Merchant", as hereinafter defined, to engage. in business in the City of Bozeman before hav: ing made application for and having received a license, as hereinafter provided; Section 2. DEFINITION OF TERMS, (a) Every person, firm or corporation, acting for himself or itself, or representing any other person, fir.m, or corporation, who or which shall bring into temporary premises in the City of Bozeman any goods, wares, or articles of I ~' merchandise, or notions, or otheral'"tioles of trade, or the natural products of the farm, or the natural products of the orchard, vineyard, garden, and/or apiary, raw and/or manufactured, or beverages known and designated as soft drinks, and . who or which solicits, sells or offers to sell, or exhibits for sale, such goods, wares, or articles of merchandise, or notions, or other articles of trade, or the natural products of the farm, or the natural products of the orchard, vine- yard, garden, and/or apiary, raw and/or manufactured, beverages known and desig- - \ nated as soft drinks, at wholesale, is, within the meaning of this Ordinance, a .. "Transient Wholesale Merchant", and suoh definition shall continue to apply until such person, firm or corporation shall be continuously engaged at such particular place in the City of Bozeman for a period of one year; (b) "Temporary prem1B8s", within the meaning of this Ordinance, shall be construed to mean any hotel, '.rooming house, store room building, or any part of any building whatsoever, tent, vacant lot, freight station, railroad car, motor truck, or any public or quasi-public plaQe, temporari~y occupied for such I businessj (e) The term "Person", within the meaning 01' this Ordinance, shall be construed to mean any individUal or group 01' persons, exchange, firm, co-partner- ship, corporation or association; (d) PROVIDED, that the provisions of this Ordinance shall not apply to . . a farmer or gardener selling his own products; (e) PROVIDED, that a trucker operating for hire under an M.R.C. license and not buying or selling any Rroduce, as herein ,defined, shall not come under .3,14' the provisions of this Ordinance; Sect ion 3. . c" AMOUNT OF LICENSE ./"'... The amount to be paid for the license to con~tt the business of Transient Wholesale Merchant shall be t. he sum of Fifty Dollars ($50 .00) per I............. annum, to be paid in advance to the Director of Finance; Seotion 4. .... APPLICATION FOR LICENSE., ... Every Transient Wholesale Merchant desiring to do business in the City'ot Bozeman must, before commencing such business, tile with the Director of Finance, on a form to be provided by such DireQtor of Finance. an application in writing subscribed and sworn to by such applicant before an officer in this State authorized to take oaths, which application shall set forth: (1) Name of applicant. (2) His place of permanent residence. (3) His local headquarters, if any. (4) Time of his arrival in the City. (5) City or County from which last license, if any, received.' " (6) Whether acting as principal, agent or employee. ~7) If acting as agent or employee, the name of place of business of his principal or employer. (8) If an agent, as part of applicatioI?-' p~inc ipal 's aCkno.Wledgement .. ..._.~..;...r..'.:.., of such agency must accompany app1~cat~on. :? .f."!~ (9) Brief' descriptive list of articles to be offered for sale. . :.~'~~ .':,:'1,,> (10) Whether he is the grower or raiser of the product carried, offered br exposed tor sale. (11) Whether payments or deposits of money are col1eoted when orders are taken, or in advance of final delivery. (12) The period of time for which license is requested. (13) The number of persons engaged in the business. (14) If natural products of the farm or orchard are brought from out- side the State of Montana. At the time of filing the application, such Transient Wholesale Merch- ant must accompany the application above provided with the sum specified in the preceding Section as a license fee exoept as prOVided in the following Section; Section 5.' PROVISION FOR BOND IN'LIEU OF LICENSE In lieu of the license fee prescribed in Seotion 3 of this Ordinance, every Transient Wholesale Merch~nt who files with the application required in ....' Section 4 an affidavit indicating bona fide intention to become a permanent . merchant and continue in bue1ness for a period longer than one year, shall, upon . filing and approval of the bond herein provided for, reoeive from the Director of Finance a license permitting the conduct of such business for a period of one year as provided by Ordinance No. 581. Such bond shall be a surety bond in the penal sum of One Thousand Dollars ($1,000.00), to said Director of Finance. "~'!R";;;'C"~;" ., (.... 315 , ;/, /"" .4 , , executed by a surety company lic.ensedto do business in this State, or by two responsible freeholders residing in the County and whose nameS appear upon the assessment roll of said CoUilty (or in lieu thereof a cash bond of. equal amount) and to be approved by said Direotor of Finance conditioned upon the perfor.man~e .;1 of the intention to become a permanent merohant and continue in business for . a period longer than one year and to insure the payment of lioense fees for the .. period such business is actually eo~duoted, if not in fact a bona fide permanent business. Any person aggrieved by any aotion or misrepresentation of any such Transient Wholesal.e Merohant shall have a right of aotion on said bond for the reoovery of his money advanced or damage, and costs. Such bonds shall remain in full force and effect for a period of six months after the expiration of the one- year period. Seo"j"on 6. ISSUANCE OF LICENSE ENDORSD4ENT AND FILING OF APPLICATION Upon filing the application presoribed in Section 4, and the payment of the fee prescribed in Seotion 3, the Director of Finance shall issue and de~iver to the applicant a license to carryon the. business desoribed in such application in the City, for the period for whioh suoh lioense is requested. Upon filing of the applioation prescribed in Seotion 4 and the bond presoribed in Section 5, the applicant shall f1r'$ an application for a 1ioense il under the provisions of Ordinance No: 581, and shall pay the fee therefor and ~f be subjeot to all the other provisions therein oontained. The Director of Finance :i!~,.t .1':, ." ,~.. ..._~!I' shall aot upon this applioation according to all the terms of Ordinanoe No. 581. . Suoh licenses shall be non-transferable and shall have printed on the faoe thereof in bold type the words "NOt Transferable"., ~he Director of F1~noe s~all endorse upon eaOh application the date or " issuance of the license and the clluration thereof and shall immediately file suoh application with the Clerko~. the Commission who shall file the same in his offioe and keep an appropriate index thereof, whioh shall show the date t,Ued, the name , " . ( of applicant, and an appropriate referenoe to the file number by which said applioation may be found; .Bection "1. INSPECTION OF FRUITS AND VEGETABLES Whenever any person applies for a license, as herein provided, and such . license is for the sale at wholesale of any of the natural products of the farm, or the natural products of the orchard, vaneyard or gardenj:: as defined in Section I 2 hereof, which have been or are brought into the City of Bozeman for sale, as herein provided, from without the State of Montana, such person shall exhibit and show to the Direotor of Finance a oertifica~ of inspection of such produots by the Department of Agr1eulture of the state of Montana, or the Commissioner thereof, setting forth that the said natural products have been inspected by such offioer upon entering the State, as required by the laws of the state of Montana, and no license shall be issued unle~s such inspeotion bas been made and oertifica~e issued; \?, ~~""?""':"--~"-"~ "':,";";''''"~~~'''''' 316 · Seotion 8~ . LICENSE OPEN FOR INSPEOTION Every Transient Wholesale Merohant doing business under the provisions of this Ordinanoe shall. at all times, keep said licenae ,for inspection by any per- son with whom he may be dealing; ,.., Sect ion 9. .. PENALTY FOR DOING BUSINESS WITHOUT LICENSE .. Every Transient Wholesale Merohant. as herein defined, doing business . . without procuring the license 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 Bot less than Five Dol;ars ($0.00) nor more than Tw~ Hundred Dollars ($200.00). or by imprisonment in the City or County Jml for not less than one day, nor more than ninety days, or by both such fine and imprisonment; PROVIDED) that.if any auch 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 prosecution, convict1onC8!I1d punishment under this Section shall not relieve from payment of the license required, but the same must also be paid and may be collected. by the means and in the manner elsewhere in this Or41nanoe pro- vided; Section 10. PENALTIES AND PROSECUTIONS Proseoutions for violation of this Ordinance shall be in the Police I Court of the City of Bo~eman, Montana, upon written oomplaintd.f the City llanager,-_ Director of Finance, or Chief of Police of said City, or of any citizen of Bozeman. In addition to fine and ~prisonment, hereinbefore provided for violation of this Ordinance, a civil judgment tor the amount of the- license found due and unpaid may be entered against the defendant, if found gUilty, and the same may be enforoed by the City of Bozeman, through its Director of Finance, in the manner provided in Sections 2241 to 2246, inclusive, ReVised Codes of Montana, 1921; Seotion 11. INTERSTATE COMMERCE Nothing in this Ordinance contained is intended to operate so as to interfere with the power of the United States to regulate commerce between the states, as such. power is defined by the Supreme Court of the United States; Section 12. CONSTITUTIONALITY If any provision of this Ordinance shall be held to be in oontravention of the Constitution of the United States, or of the State of Montana, or invalid I' for any reason, the invalidity of suoh prOVisions shall in no manner effeot the ( , other provisions of this Ordinance, but every other section and every other pro- vision shall be upheld as the legislative will of the City of Bozeman, Montana, to the same extent as though such unconstitutional or invalid provisions had not been a part of this Ordinance; , Section 13. REPEAL ~ll Ordinances and parts of Ordinances in confliot herewith are hereby repealed. -t I' of'!.. ~ ...... " 317 Section 14. EMERGENCY AND IJ'JZCTIVE DATE , The Commission of the City ot Bozeman does declare an emergency to exist for the immediate preservation of the publio peace, health, property and I safety of the inhabitants of the City of Bozeman, and that, by reason thereof, thas Ordinanoe shall be in full force and effect from and after its passage and pub1ioation. Introduced, read and passed as an emergency Ordinance by an affirmative vote af all the members of the Commission of the City of Bozeman at a regular session of the Commission held on the 2nd day of October, 1~31. ,. ATTEST.: ~~ - , :-:~fA J,.?~ A_ "_~ - ,erk, t e Connniss ion Published in the Bozeman Daily Chronicle, (G...cr b ,1931. Effective Ootober 2nd, 1931. I, Carolyn Westlake, Clerk of the Commission of the City of Bozeman, Montana, do hereby certify that the foregoing Ordinanoe No. 613 of the City of Bozeman, was published by t1 tIe in the Bozeman Daily Chronicle, a dailf2;news.. paper of general oiroulation printed and published in said City of Bozeman in the issue of' c:utd.-~ &, 1?3/, 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 7/f' 77 ~J?.;;J I. '- ~)trJ1P'~ -~ ler of the onnnisaion - - -, - -.,.,. -~~-r. _ '--" '-'- . I. . ~ ,