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HomeMy WebLinkAboutOrdinance 33- 633, Regulates Manufacture and Sale of Beer ~$j' ~ 3'7:) ;.e.. \: . 3 .... ;l- ,. .?:) ') I< ..,..., .' 1J -.} .".' /.' .".. ORDINANCE NO. 633 .... " AN ORDINANCE REGULATING THE MANUFACTURE AND SALE OF BEER IN THE CITY OF BOZElVlAN, PURSUANT TO THE PROVISIONS OF CHAPTER 106 OF THE LAWS OF THE TWENTY-THIRD LEGISLATIVE ASSEMBLY OF THE STATE OF MONTANA, 1~33, KNOWN AS THE . MONTANA BEER ACT; PROVIDING P~~ALTIES FOR VIOLATIONS OF THIS ORDINANCE, AND DECLARING AN EMERGENCY WHEREBY IT IS I NECESSARY THAT THIS ORDINANCE BE IN FORCE AND EF:F'ECT FROM AND AFTER ITS ADOPTION. PREAMBLE WHEREAS, by Chapter 106 of the Laws of the 23rd Legislative Assembly of the State of Montana, 1933, approved March 14, 1933, to be cited as the Montana Beer Act, it is provided that beer as defined by said Montana Beer Act may be manufactured and sold within the State of lIf1ontane.,pursuant to the pro- visions of said Montana Beer Act "if and when the Congress of the United States passes legislation declaring beer of an alcoholic oontent of at least three per cent (3%) by weight to be non-intoxioating," and the Congress of the United States has passed such legislation, with t~eapproval'of the President of the United States, effective April 7, 1933; and WHEREAS, it is known to the Co~ission of the City of Bozeman that applications have been and are being made under said Montf;na Beer Act for licenses, as in said Act provided, to manufacture and sell beer as in said Act defined, within the City of Bozeman, immediately on and after the . effective date of said Montana Eeer Act, as aforesaid, and that some of' said I applications are likely to be granted; and WHEREAS, the City of' Bozeman has no ordinance for regulations u.nder its police power of the manufacture and sale of beer as in said Act defined, . within the corporate limits of said City, and such an ordinance if adopted cannot become effective by April 7, 1<d33 , unless it be declared to be an emergency ordinance, as provided by law, and by rea~on of the)facts aforesaid such an emergency exists: NOW, THEREFORE, IN CONSIDERATION OF TBE PREtvlISES, BE IT ORDAINED BY THE COlld.MISSION OF THE CITY OF BOZEl\1A.N: . Section 1. jDEFINITIONS. That for the purposes of this Ordinance the definitions of words, phrases and expressions as set out in Seotion 2 of said Montana Beer Act ; (Chapter 106, Laws of the 23rd Legislative Assembly of the State of Montana) be, and the same are hereby, adopted as the definitions of the same words, . phrases and expressions when used in this Ordinance. I Section 2. PROVISIONS OF MONTANA BEER ACT ADOPTED. All of the prohibitory and regUlatory prOVisions of said Montana Beer Act are hereby adopted as provisions of this Ordinance, except the prOVisions of said Act relating to the licensing of common carriers, and it is' hereby made the auty of all officials, and particularly of the police ., ~- forc e, of the City of Bozeman, to aid in the enforcement of said Montane. Beer Act; and all licenses ~ssued under the provisions of this Ordinance shall be } ,. 37.4 subject to all applicable prohibitory and regulatory provisions of said Montana Beer Act in addition to the provisions of this Ordinance. Section 3. APPLICATION FOR CITY LICENSE. ~ No person shall manufacture ot' sell beer in the City of Bozeman, 't \ I under the provisions of said Montana Beer Act, or at all, Without first procuring a license so to do from the City of Bozeman~;:,,:Application for a City License shall be made to the City Commission on form to be provided by the Director of Finance. The form for such application shall be sub- stantially as follows: :II!<',',...... .. ,.", ,".: ".",.' CITY OF BOZEMAN':-"MONWANA. Applicat ion for City License Unde'rdrd.:lnance No. 633 and , Montana Beer Act. :'i\-~. To the City Commission of the City of Bozeman, Montana: ~~, ~i/~ ,;!l<, The undersigned hereby makes application for a City License '\~~ , \ un~x."ordinance No. 633, of the City of Bozeman, relating to City ~,~\\. l1ce~"ses Under the Montana Beer Act, as a . ~ S;:"\ My name is , Sex , Age , Color . I am a . '\ \ "'- ~ holder of a lioense from the State of Montana, under the Montana Beer Act, \ ," \ as a . The ,date of sa id license is , its number is , . , and it expires ~,.,- . My residence is . ., I have resided - .........~~_.- -- there The location in the City of Bozeman where I propose to . . I carryon business under the license hereby applied for is , and I understand that the City License hereby applied for, if granted, shall not be good for any other location in said City without the consent and permission of the City Cormniss-ioh first had and obtained after applicat ion and such permission endorsed on such license by the Director of Finance, which endorsement shall refer to book and page of the official prooeedings of the City Commission where reference to such application and permission is entered. The fee of $ , as prescribed by said Ordinance, is tendered herewith. I understand and agree that the license hereby applied for, if granted, shall be subject to all of the provisions of s;aid Ordinance No. 6;33 # of the City of Bozeman, and of the Montana Beer Act; that the use of a bar, as that word is generally understood, for serving beer at retail for con- sumption at such bar, is not permitted under said Ordinance No. 633 or under any license granted pursuant thereto. I also understand that I revocation, withdrawal or suspension of any license granted to me by the State of Montana pursuant to the Montana Beer Act, shall at once and simultaneously therewith operate also as a revocation, withdrawal 01'/' suspension, as the case may be, of any license granted pursuant to this application. - . ,875 STATE OF MONTANA . . County of Gallatin . ss. . City of Bozeman . . , the applicant above named, being first duly sworn, on his oath says: 'llhat he has read the above and foregoing application I for a City Lioense and knows the oontents thereof, and the same is true. - Subscribed and sworn to before me this ___ day of 1953. , .' Notary Public for the State of Mon~ tana. Residing at Bozemvn, Montana. My ~ommission expires . The Application shall be filed with the Clerk of the Commission and presented for the consideration of said Commission at its first regular meeting following the filing thereof, but action thereon may be postponed for investigation or other good oaUse in the disoretion of the Commission. The .action of the Commission with reference to the application shall be entered . in the minutes of its proceedings and no license shall b~/ issued without the / approval 01the Commission so entered upon the minutes. /The date of such per- / mission and the book and page where it is entered ~Oh the minute book, shall ,.- be noted on any lioense issued pursuant "the,re'to1'"'/ if the application is rejeoted the reasons for such rejection shall be noted in said minute entry, I the applicant notified thereof and the tendered fee returned to him. License fees shall be payable in advance and shall accompany the application there- for, whether original or renewal. No rebate will be allowed tor fraction of a yea r , exoept that if' 1 ic ense is gran teda fter June 30th of any year the license fee for the remainder o.f the oalendar year shall be one-half of ';;;;'),;j:J'. entire yearly lioense, and exoept, also, that if the entire yearly license fee has been paid in advance and business under the license shall be 01s- continued before July 1st in the year in which such lioense is granted, the Director of Finanoe shall retund one-half of the yearly license fee so paid upon surrender of' the license, make appropriate book entry of the fact eft surrender and refund, and report thereof shall be made to the"'Commission at its next meeting and entered in the minutes. All licenses under this Ordinance shall expire at mldnight of December 31st, in the year in which such license is issued. No license will be granted to sell beer as defined in the Montana Beer Act in any residence district of the Cit~r of Bozeman and the decision of the City Commission as to what constitutes a "residence I district" of said City shall be conclusive upon all applicants for lice.i.,ses 'under this Ordinance. Section 4. FORM OF CITY LrCENSE. Licenses issued under the provisions of this Ordinance shall be in substantially the following form: .:llIi:'." 376 MON'1'ANA BEER ACT City of Bozeman License. The City of Bozeman, Montana, hereby licenses ___ , as a under and subject to all of the provisions of Ordinance No. 633 of the City of Bozeman, and Montana Beer Act. The business authorized under .thiS license S.hall be transacted or carried on I"" only at the premises known and described as , Bozeman, \ . Montana, and at no !Dther place, unless otherwise endorsed hereon. This' ,~ .; " license ezpires December 31, 193_., unless sooner suspended or revoked., '" ., I , This license shall be prominently posted at the above described premises, , .~ and is subject to suspension and revocation as prOVided in Ordinance .J:.:. No. 6321 of the City of Bozeman and Montana Beer Act. :<4 ~ ' , Minute Book No. , Page , Date . Dated this day of , 193_. Birector of Finance, City of Bozeman, Montana. The Director of Finance shall keep an acc.urate reoord of all licenses issued under this Ordinance, showing the date issued, the minute book and page where a uthori ty fo r its issuano e is found, the date 0 f issuance, to whom issued, the amount collected, the date of expiration, the premises described therein, change of location, or transfer, if any, and the minute entry showing authority therefo.rl and any other pertinent '1". .....' fact with reference to such license, so that the same may be conveniently . . available. Section b. LICENSES--TRfu~SFER No license issued under the prOVisions of this Ordinance shall be transferable except as provided in the Montana Beer Act and then only after such transfer is approved by the City Oommission after written application for permission to transfer. Such application shall be in writing, state the name, occupation, age, sex and color of the proposed transferee, his residence and length of time he has resided there, and if itAs desired to change the location of the place where the business r licensed under the license sought to be transferred is carried on, and if so, where. The applioation for transfer shall be filed with the clerk and brought to the attention of the City Commission at its first regular meeting thereafter, Action thereon may be postponed for invest igat ion or other good cause, in the d iscret ion of the Commission. If permission fori " '-. transfer is granted the applicant shall present the original license for endorsement by the Director of Finance as to the fact of the permission to r transfer, date when such permission was granted, minute book and page, and the name of the transferee. The Director of Finance shall Charge and collect a fee of ]'ive Dollars ($5.00) to cover the cost of all procee,dings :1Jt' in conneotion with suoht'ransfer. . .' :.J'; " "'.,,~, '~;L ,', 377 Sect ion 6. LICENSES --REVOCATION -- SUSPENSION Conviotion of any licensee under this Ordinance or of any employe of such licensee in the operation of or in connection with, the business licensed under this Ordinance, and/or the Montana Beer Act, of any violation of this I Ordinanoe and/or the Montana Bee'r Act, shall ma~;:e such license subject to revocation upon the fact of such conviction being certified to the City Manager of the City of Bozeman by the clerk or judge of the court in which such conviction was had. The City Manager shall thereupon endorse ulon such certificate notice that the license of the person so cert,i.(~ed as convicted is revoked and cause the same to be served upon such licensee or person in Charge of such business at the time of such service, and thereupon such license shall stand revoked, and the police of the City' of Bozeman shall see to it that such business is discontinued while such revocation is effective. Any licensee whose license is revoked under the provisions of this Ordinance I may appeal from such revocation to the City Commission for such action as it , /. may see fit to take, but pending action upon such appeal by the City Commis- sian said license shall stand revoked. Every person licensed under this qrdinanoe shall conduot the business licensed in a quiet, peaoable and orderly . manner, and licenses may be suspended by the City Manager for any improper or disorderly conduct which is permitted, .or whioh occurs, in or about the I premises where such licensed business is carried on, and which, in the opinion of the City Manager, is obnoxious to the public welfare, safety, health, p$ace, quiet and good order. Revocation or suspension of any license or " permit granted under the provisions of the Montana Beer Act shall forthwith also operate as a suspension or revooation as the case may be, of any license granted under this Ordinance. Such suspension by the City Manager "- shall be by written not ice to the licensee or person in charge of such business and thereupon such license shall stand suspended until the next regular meeting of the City Commission, when the City IIJJ.anager shall report such suspensdlon and the reason therefor to the City Connnission for such action as it shall see fit to take with reference thereto as to continuance of the suspension for a definite period, mod~fication or revooation of the sus- ,c,p,ens ion, or revocat ion of .the lioen~~. No person whose license shall have .', "~ been revoked under the provisions of this Ordinance and/or the lV1ontal.la Beer Act, shall thereafter be eligible to reoeive a license under the provisions of ... . I this Ordinance. Sect ion 7. BARS PROHIBITED , w The maintenance and .use of a bar, as that term is generally under- , stood, for the sale of beer a,t retail tor consumption at such bar, is pro- hib ited; p:rovided that a counter where stools or ohairs are provided for . patrons shall not be held to be a bar within the meaning of this prohibitio~, not shall it apply to beer served to _pe.tron~ seated at' such a counter, the intention and purpose of this provision being to 'prevent the sale or serving 378 ot- beer bY\he glass or bottle fol' oonsumption on the premises where sold or served, 0 other than seated patrons. Section 8. \ LICENSE FEES. The~icense fees under this Ord~nance shall be as follows: , I Bre~ers, One Hundred Dollars ($100.00), annually, Wholesalers, Seventy-five Dollars ($75.00), annually, Hotels, Sixty-two and 50/100 Dollars ($62~ 50), annually, Restaurants, Fifty Dollars ($50.00), annually, Retailers, One Hund red fifty Dollars (~150 .00), annually, Clubs, Twenty-five Dollars ($25.00), annually, , payable with the application and subject to the half yearly ratE;, as here- inbefore provided. Fees and fines collected under this Ordinance shall be allocated to the "Pcrotection of Life and Property Fund" of the City of Bozeman, it being hereby recited that licenses imposed under the prQvisions of this Ordinance are exclusively for the purpose of defraying the cost of "' necessary police regulation, inspection and oontrol under the police power of the City of Bozeman, and not for revenue, and that any business licensed under this Ordinance requires and is subject to the general police reg- u1at ions of the City of Bozeman for t"he safety, health, peace, quietness and good order of said City and the inhabitants thereof. All fees p ro- vided for in this Ordinance are in addition to any and all other license I, fees required to be paid under any other ordinance of the City of Bozeman. Section i. INSPECTION AND CONTROL Any business licensed under this Ordinance shall at all times be , subject to the police inspection and control of the City of Bozemarl'. The lie ensee, and/or employees of such licensee, hereunder, shall at all times permit any member of the City Commission of the City of' Bozeman, City Manager, City Attorney, . Health Officer, and member of D0rector of Finance, the police force of said City, and they and/or any of them shall have the , ~.' rig~t to enter the premises where such licensed business is conduoted, for inspection of sucqpremises and every part thereof and for exercise of police supervision, inspection and control thereof, includ ing arrests, so '.' :t.>..,,. long as'any business licensed under this Ordinance shall be conducted therein or in any part thereof. Denial, restriction or obstruction of such right or per.mission shall be deemed a violation of, this Ordinance, make any license granted hereunder subject to revocat ion or suspension forthwith, and I subject the offender to the fines and penalties herein provided. Section 10. HOURS OF BUSINESS. ':\. ,_\\ Places licensed under this Ordinance ahd the Montana Beer Act, to sell beer at retail shall be closed between the hours of 1 o'clock A. M. and 6 o'clock A. M. of each end every d~y. Places licensed under the hotel and restaurant pro\T~ions of t his Ordinance and the Montana Beer Act, shall ~~~ . 379 not sell beer between the hours of2 0 'olockA. M. and 6 0 'clock A. M. of any day. , . Sect ion 11. PENALTIIB '\ ./ Every person, i>nc1uding those employed in or in connection with any I business .licensed under this Ordinance, who shall be convicted in the police court of the City of Bozeman of any violation of this Ordinance, shall be subject to a fine of not less than Twenty-five Dollars ($25.00) nor more than Three Hundred Dollars ($300.00), or imprisonment in the City or County jail . for not less than ten (10) days nor more than six (6) months, or both Buch tine and imprisonment ; and in addition to such fine and imprisonment, or ei ther, if the convicted person is a Iieena,.rounder this Ordinance, or an employee of such licensee engaged in or about, or in conneotion with, the conduct or operation of the business so licensed, such license may be revoked or suspended, as provided in Section 6 of this Ordinance. Seot ion 12. CONSTITUTIONALITY If any seotion, subseotion, sentenoe, clause or phrase of this 'Ordinance is for any reason held to be invalid or unoonstitutiona.l, such holding Dr decision shall not affect the remaining portions of this Ordinanoe. The City Commission of the City of Bozeman hereby declares that it would have passed this Ordi~ance, and each section, subsection, ,,' I sentence, olause and phrase thereof, irrespective of the faot that 'any one , . or more sections, subsections, sentences, olauses or phrases be deolared " invalid or unconstitutional tor any reason. Section 13. EFfECTIVE DATE By reason of the emergenoy existing and as reoitedand declared in the preamble hereof, this Ordinance shall be in tull torce and effect from and after its passage 'and adoption. Passed and adopted by the Commission of the City of Bozeman at a regular session thereof held on the 7th day of April, 1933. ~..' ,,' MaYOr~- ""... , - .- ... ~ - ..... - .- J I, Carolyn Westlake, Clerk of the Commission of the City of Bozeman, Montana, do hereby certify that the foregoing Ordinance NO. 633 of the City of Bozeman, Mon~ana, was published by title in the Bozeman Daily Chronicle, a daily newsp~er of general oirculation, pr~nted and published in said City of Bozeman, in the :i!ssue ot'~;::l r~, 1933, and that due proof _/ o~ said publication was made and tiled in my office. IN WITNESS WHEREOF I have hereunto set my hand and the seal of my ~ off1ce this / :?""day of Crd. 1933. ( . "'. ,.' c". ":"" ;"..~~, , ,,\, "" ",.,"