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HomeMy WebLinkAboutOrdinance 34- 641, Regulates Manufacture and Sale of Beer; Amended by 724, 766 and 811 ~b~_ (cJ nPI'()or Hi'ad ..4. . O' ..7 Am~.,..~v-r.;t-ft;,.n ." .~"'AA N . / 11(1 (''''''kOd ii~~.'oJ~~ U.-, ~ II.- 1'-11~.. '1 ~ lp" -'--:/:-:~<!. _._ J~- ORDINANC NO. 641. -_.-w."~,,,<i;"-''''' _._~ AN ORDINANCE REGULATING THE -:MANUFACTURE AND SALE OF BEER WITHIN THE CITY OF BOZEMAN, PURSUANT TO THE PROVIS!ONS. AND AUTHORITY OF CHAPTER 106 OF THE LAWS OF THE TWENTY-THIRD LEGISLATIVE ASSEMBLY OF THE STATE OF MONTANA AS AMENDED BY HOUSE BILL NUMBER 30 OF THE FIRST EXTRAORDINARY SESSION OF SAID TWENTY- THIRD LEGISLATIVE ASSEMBLY OF THE STATE OF MONTANA, PROVIDING PENALTIES FOR VIOLATION OF THIS ORDINANCE AND REPEALING ORDINANCE NUMBER 633 OF THE CITY OF BOZEMAN. I.. BE IT ORDAINED BY THE COMMISSION OF THE CITY 0 . Section 1. DEFINITIONS - For the purposes of this Ordinance the definitions, words, phrases and expressions as set out in section 2 of "Montana Beer Act", Chapter 106 of the Laws of the 23rd Legislative Assembly of the state of Montana as amended by House Bill No. 50 of the First Extraordinary Session of said 25rd Legislative Assembly, are ado.pted as definit10ns of...l~he same~ords, phras~~ and expressions .w...l ~ -.... ~ r'7~_ ~!,.(AA ~ .........u..il ...;,.... -t.L;.~_ when used in this Ordinanceithey shall be held and construed to refer to Chapter 106'of the Laws' of the 23rd Legislative Assembly of the State of Montana as amended by House Bill N~. 30 of the Fi~st Extraordinary Session of said 23rd Legislative A.ssemb~y of the State of Montana. Seotioa 2. PROVISIONS OF MONTANA BEER ACT ADOPTED All 'f the prohibitory and regulatory provisions of said Montana Beer Aot are hereby adopted as provisions of this Ordinanoe, exoept the pro- visions of said Act relating to the licensing of oommon carriers, and it is .1. hereby made the duty of all officials, a.nd part~cularly of the polioe foroe, : ~ of the City of Bozeman, to aid in the enforcement of said Montana Beer Aot j and all licenses issued under the provisions of this Ordinance shall be subject to all applicable prohibitory and regulatory provisions of said Montana Beer Act in addition to the provisions of this Ordinance. Seotion 5. APPLICATION FOR CITY LICENSE--NUMBER OF LICENSES LIMITED No person shall manufacture or sell beer in the City of Bozeman, under the provisions of said Montana Beer .Aot, or at all, without first pro- ouring a licens~ 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 Finanoe. The form for such app1ioatiQn shall be substantially as follows: CITY OF BOZEMAN, MONTANA Application for City Lioense Under Ordinance No. 641 and Montana Beer Aot To the City Commission of the City ot Bozeman, Montana: I The undersigned hereby makes applioation for'a City Licenwe under .. Ordinanoe No. 641 of the City of BozemaJl, relating to City Licenses under the Montana Beer Act, as a . 141 name is , Sex. , Age ,Color . I am a holder of a license from the State of Montana, under the Montana Beer Act, as a . The date of said lioense is , its number i8 , and it expires ~ My residence is . I have resided there . The looati6 in the City of Bozeman where I propose to oarry on btta1:1fess under the license hereby applied 408 :<<; ,.".'. for is , and I understand that the City License hereby in applied for, if granted, shall not be good for any other looation/said City without the oonsent and permission of the City Commission first had and obtained after application and such permission endorsed on suoh license by the Director of Finanoe, whioh endorsement shall refer to book end page of the official proceedings of the City Commission where reference to such I application and permission is entered. The fee of $ , as presoribed by said Ordinance, is tendered herewith. I understand and agree that the license applied for, if granted, shall be subject to all of. the provisions of said Ordinance No. 641 of the C it yof Bozeman, and of the Montana Beer Act; that the use ot a bar, as that word is generally understood, for serv ing beer at retail for con- sumption'at such bar, is not permitted under said Ordinance No. 641 nor under any license granted pursuant thereto. I also understand that revocation, withdrawal or suspension of any license granted to me by the State of Montana purs~ant to the Montana Beer Act, shall at once and simultaneously therewith operate also as a revocation, withdrawal or sus- pension, as the case may be, of any license granted pursuant to this application. STATE OF MONTANA ~ . , I County of Gallatin . ss. . . < . C1 ty of Bozetnan . . . "I , the applioant above named, being first duly sworn, on his oath says: That he has read the above and foreioing application for a City License and knows the oontents thereof, and the same is true. Subscribed and sworn to before me this _ day of 193 . - Notary Public for the State o f Mont ana. Residing at Bozeman, Montana. My Commis- sion expires The application shall be filed with the Clerk of the Commission and presente. 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 cause in the disoretion of the Commission. The aotionof the Commission with reference to the application shall be entered in tbe.minutes of its proceedings and no license shall be I issued without the approval ot the Commission so entered upon the minutes. The date of such permission and the book and page where it is entered upon the minute book, shall be noted on any license issued pursuant thereto. If the application is rejected the reasons for such rejection shall be noted in se. id minute entry ,the application noti fied the reot and the tendered tee returned to h1m. ~ioense fees shall be payable in advance and shall accompany the application therefor, whether original or renewal. No rebate -- . 409 will be allowed for fraction of a year, except that if license is granted after June 30th of any year the lioense fee for the remainder of the calendar year shall be one-half of the entire yearly license, and except, also, that if the entire yearly license fee has been paid in'advanoe and business under I the license shall be discontinued before July 1st in the year in which such license is granted, the Director of Finance shall refund one-half of the yearly license fee so paid upon surrender of the lioense, make appropriate book entry of the fact of 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 Ord inance shall expire at midnight of December 31st, in the year in which suoh lioense is issued. No license will be granted to sell beer as defined in the Montana Beer Act in any residence district of the City of Bozeman and a decision of the City Commission as to what constitutes a (. "residence district" of said City shall be oonc1usive upon all applicants for licenses under this Ordinanoe. The number of licenses 'issued and in force and effect under the provisions of this Ordinance, at any time, shall not be more than 10, but this shall not be' construed to, include permits issued under Section 5 of this Ordinance. Section 4. FORM OF CITY LICENSE Lioenses issued under the provisions of this Ordinance shall be in .' . I substantially the following for:m: MONT ANA BEER ACT -, City of Bozeman License .. , The City of Bozeman, Montana, h~reby licenses , as a under an. subject to all,the provisions of Ordinance No. 64l of the City of Bozeman, and Montana Beer Act. The b~siness authorized under this,lioense shall be transacted or carried on only at the premises known and desoribed as , Bozeman, Mont.Ba~&add at no .other place, unless otherwise endorsed hereon. This license expire, December 31, 193 , unless sooner suspended or revoked. This license shall.be prominently posted at the above described premises, and is subject to suspension and revooation as provided in Ordinance No. 641 of the Cijy ot Boze.ID8.n, and Montana Beer Act. , Minutea.Qok No. "'"Y , Page , Date . Dated this' day of , 193_. " ,... Direotor of Finance, C'1ty of 'Bozeman, Montana I The Director of Finance shall keep an aocurate record of all licenses issued under this Ordina~., showing the date issued, the minute book and page wher~'8uthority ,f,Qr its issuance is found, the date of issuanoe, to whom issued, the amount~~()lleot.d, the date of expiration, the . ",.-' premises desoribed therein, c~ange of location, or transfer, if any, and 'I.""\' minute entry showing authority therefor, and any other pertinent fact with . reference to such license, so that the same may be oonveniently available. .. 410 Sect ion 5. FAIRS, EXHIBITIONS, AND THE LIKE--PERMITS Rny Fair association, or corporation maintaining and/or operating a place for the exhibition of livestock, agricultural or horticultural products, or for the exhibition of races, or rodeos, and oharging an admission tee, shall, in the disoretion of the City Commission,and by I order entered on its minutes, be granted a special permit to sell beer to patrons of such exhibition, to be oonsumed within the exhibition enclosure. The application for such permit shall specify the location of such enolosure wherein such exhibition is, or is to be, held, the nature of suoh exhibition, the period for which it is, or is to be, held. Such ap- I plication shall be signed by one or more of the officers of such assoc- iation or corporation, thereunto duly authorized, and be accompanied by the amount of the permit fee hereinafter prescribed. The permit issued under this section shall be a special permit and shall not authorize the sale of beer for a longer period than one day before such exhibition is to be opened to the public, and for which admission fee is charged, during the period it is open to the public for an admission fee, as stated in the application therefor, and for one day after it is closed to the publio for an admission fee, as stated in said application. The permit fee shall be $10.00 for eaoh day said permit is granted, but in no case less than $25.00, which is hereby fixed as the minimum fee for such pe~it. Wherever the I word "license" and/or "lioensee" is used in this ordinance it shall also be held to inolude permi ts and p&rndttees under this section, except as otherwise provided in this section. Section 6. LICENSES-~TRANSFER 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 Commission after written application for pe~ission to \ransfer. Such application shall be in writing, state the name, oocupation, age, sex and color of the proposed transferee, his -residence and length of time he has resided there, and if it is desired to ohange the location of the place where the business licensed under the license sought to be transferred is carried in, and if so, where. The application for transfer shall be filed with the Clerk and brought to the attention of the City Commdssion at its first regular meeting thereafter. , Action thereon may be postponed for investigation or other good cause, in I the discretion of the'Commission. If. permission for transfer is granted the applicant s~all present the original lioense and/or permit for "'. endorsement by the Director of 'Finance as to the fact of the per-mission to ..i transfer, date when such per.mission waB granted, minute book and page, and name of the transferee. The Director of Finance shall charge and oollect a fee of Five Dollars ($5.00) to .cover the cost of a~l proceedings in oonnection with such transfer. 411 Seetiall'. LICENSBS--REVOCATION--SUSPENSION Conviction of any licensee under this Ordinanoe or of any employee of such licensee in the operation of or in oonneo~ion with, ~he business _ licensed under this Ord1nan~" andlor the Montana Beer Act, of any violation of ..1 this Ordinance and/or the M6ntana Beer Act, and/or of any law of the United states and/or the State of Montana relating to or controlling and/or regulating - . '~ the sale and/or use of intoxicating liquor, s'hall make such license subjeot to revooation upon the fact of suoh conviotion being certified to the City Manager of the City of Bozeman by the olerk or judge of the oourt in which such . oonviction was had. The City-Manager shall thereupon endorse upon such oertificate notioe that the license of the person so oertified as convicted is revoked and cause the. same to be sened upon such licensee or person in charge of suoh busineas at the time of such service, and thereupon suoh license shall stand revoked, and the Folioe of the City of Bozeman shall see to it that such buainess is discontinued while such revQcation is effective. Any licensee whose lic.ense is reveked under the provisions of this Ordinance may appeal trom such revooation to the Ci tyCommission for such aot ion as it may see fit to take, but pending final aotion upon such appeal by the City Commission said license shall stand revoked. EVery person licensed under this Ordinance shall ,; conduot the busine.. licensed in a quiet, peaceable and orderly manner, and ~I licenses may be suspended by the Ci",y llanager for any improper or disorderly conduct whioh i. permitted, or whioh oeours, in or apout the 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, peace, ,quiet and good order. Revocation or suspension: of any 1io,ense or permit granted under the provisions of the Montana Beer Aot, shall forthwith also' operate as a suspension or revocation, as the case may be, of any license granted under , this Ordinance. Such suspension by the City I4anager shall be by written notice to the licensee or person in .barge of such business and thereupon such license shall stand suspended until the next regular meeting of the City Commission, when the City Manager shall report suoh suspension and the reason therefor to the City Commission for suoh action as it shall see fit to take with reference thereto as .to oontinuance of th~ suspension for a definite . .' period, modification or revocation of the suspension, or revocation of the license. No person whose license shall have been revoked under the provisions I of ,this Ordinance and/or the. Montana Beer Aot, shall thereafter be el;l.gible to receive a 1ioense under the provisions of this Ord1n~oe. Seotion 8. .BABS' PBOHIBITJID ,.. '. The maintenance and u.. of a.par, as that term is generally under- stood, for the sale of peer at retail for consumption at suoh bar, is pro.. hibited; provided, that a counter where.tools or ChairES are provided for " patrons shall not be held to be .' bar witbin the qe~.ing of this prohibition, -". nor shall it apply to Deer aerve. to patrons seated at such a oounter, the -"'- :.~ .';,. ".! 412 intention and purpose ot th.is provision being to prevent the sale or serving of beer by the glass or bottle for consumption on the premises where sold or serYed, to other than seated patrons; and the sale and/or giving of beer to any person under the age of 21 years and/or to any person who shall appear to be in an in",oxicated and/ord1sorderly con- I dition is hereby forbidden, and any suoh sale and/or gift shall be deemed a violation of this ordinanoe. Section 8. 0_ LICENSE FFES The license fees under this Ordinance shall be as follows: Brewers, One Hundred Dollars (tl00.00), annually, Wholesalers, Seventy-five Dollars ($75.00), annually, Retailers, One Hun.red t1fiy Dollars (1~50.00), annually, ,. Clubs, Twenty-five Dollars (t25.0Q), annually, payable with the application and sub.jeot to the half yearly rate as here- inbefore proviqed. Fees and fines colleoted under this Ordinance shall be allooated to the .Protection of Lite and Property Fund" of the City of Bozeman, it being hereby recited that 'licenses ~posed under the provisions ., \ - of this Ordinance are exclusively for the purpose of defraying the cost of neoessary police regulation, inspect ion and control under the police power of the City of Bozeman, and not for revenue, and that any business licensed under this Ord inanee requires and, is sub ject to the general police ., . , regulations of the City of Bozeman fo~ the safety, health, peaoe, quietness and good order of said City and the .inhabitants thereof. All tees provided .'" for in.this Ordinance are in addition to any and all otper license fees . required to be paid under any other ordinance of the City of Bo~eman. Section 9. INSPECTION AND CONTROL Any bUBine~s licensed under this Ordinance shall at all times be subject to the polioeinspeotion and control of the City of Bozeman. The licensee, and/or employees of suoh lioensee, hereunder, sha+l at all times permit aay member of the City Commission of the City of Bozeman, City Jlanage r, City Attorney, Director of Finanoe, Health Ott-icer', and member ot the po1ioe toroe of said City, and they and/or any of them shall have the right to enter the premises where such licensed business is conducted, tor inspection of suoh premises and every part thereof and for exercise of police supervision, in.pection and control thereof, including arrests, 80 longes any business lioensed under this Ordinance shall be conducted :t I therein or in any part thereof. Denial, restriotion or obstruction of such right or penni.sion shall be deemed a violation of this Ordinance, make any license granted hereunder subject to revocation or suspension forth- with, and SUbject the offender to the tines and penalties herein provided. Section 10. . HOURS OF BUSINESS Plaoes 11oens.d under this Ordinance and the Montana Beer Act, to sell beer at retail shall be closed bet..en the hours 01' 1 o'clock A. M. 41a, and 6 o'dlock A. M. ot each and every ~ay. Seotion 11. PUBLIC PLACE DEFINED...-DRINKING IN ,"-. "Public Place" includes any plaoe, building or vehicl~ to which the public has, or is permitted to have acoess and any plaoe of pub~ic_ ~~t,,<'It I - shall be unlawful for any person to drink beer in any public place iJ;l_~e City ...' -'- - .,- ..- .~,...... of Bozeman and wi thin the jurisd ict ion thereof, except where the ""file and -, - "- drinking of beer is licensed and/or permitted under the provision~~~~ Ordinance. Section 12. PENALTIES Every person, including those employed in or in connection with any business licensed under this Ordinance, who shall be convicted in the .polioe oourt of the City ot 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 mare than six (6) months, or both such tine and imprisonment ; and in addition to such fine and imprisonment, or either, if the convicted person is a l1oe~see under this O~inance, or an employee of such licensee engaged in or about, or in connection with, the conduct or operation ot the business so 'licensed, such license may be revoked . or suspended, as provided in Section 6 of tbis Ordinanoe. Seotion 13. CONSTITUTIONALITY If any section, aubseation, sentence, olause or phrase of this Ordinanoe is tor any reason held to be invalid or unconstitutional, such holding or deeision shall not affeot the remain1ng portions of this Ord inance. ~he City Commission of the City of Bozeman hereby declares that it would have paased thia Ordinance, and each seotion, subseot ion, sentence, clause and phrase thereof, irrespeotive ot the fao. that any oae or more sections, sentences, elausee or phrases be ...lared invalid or unconstitutional tor any reason. . Sect 101l ,.1,4. REPEALING cau~E ,- Ordinance No. 633 ot the City, of Bozemau, passed and adopted on the 7th day ot April, 1933, and all ordinances and parts of ordinances of the City of Bozeman in conflict herewith are hereby repealed. Seot ion, 15. EFFECTIVE DATE Tpas Ordinance shall be in full toroe and effect thirty days from and after its passage and adoption. Passe4 and adopted by the Commi88on of the City of Bozeman at a - regular s&sslon thereof held en the 9thda;y of FeAr;Y;4~ /"" _/ . ."., Mayor '\- - 1!o'1.' .'\' C",", 414 I, Carolyn Westlake, Clerk~the Commission of t~City of ~.~X'." . Bozeman, Montana, do hereby cert~fy hatAthe 'f~g~na e No. 641 or,the City ot~oseman, Montana, was published iJ.} II b~ in the Bozeman Dai~y Chr~nicle, a daily newspaper of general ciroulation, printed and ~.. "PUOlhh.. e..d _in. the said C. i~Y of Boze~n, in the issue of February 7, 1934, ...... ' ~J'l1atQue proof of saJ.dpublicatJ.on was made and filed in my offioe. ",,' -~ ",' IN WITNESS WHEREOF I hereunto set my hand and the seal of my "(j'tr~';"~hlS 7 tLday of February, 1934. ' I I.... " ~ . I ,\... .......... ,. .- - '/" -", ./