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HomeMy WebLinkAboutOrdinance 35- 658, Amends Section 3, adds Section 6A to Ord. 641 458 ;PrOOf noAd $/14 Oheck.e4 .......,~ (. :-.. ~ 1 ~ J"~ 're ~~..1<L.-.."t.".....J ~ ORDINANCE NO. 658 AN ORDINANCE AMENDING SECTION THREE OF ORDINANCE NmnBER 641 OF THE CITY OF BOZmJlAN, ENTITLED It AN ORDINANCE REGULATING THE MANUFACTURE AND SALE OF BEER WITHIN THE CITY OF BOZEMAN, PUR- SUANT TO THE PROVISIONS AND AUTHORITY OF CHAPTER 106 OF THE LAWS OF THE TWENTY-THIRD LEGISLATIVE ASSEMBLY OF THE STAffE OF MONTANA AS M~ENDED BY HOUSE BILL NUMBER 30 OF THE FIRST EXTRA- I ORDINARY SESSION OF SAID TWENTY-THIRD LEGISLATIVE ASSEMBLY OF fl'HE STATE OF MONTANA, PROVIDING PENALTIES FOR VIOLATION OF THIS ORDINANCE AND REPEALING ORDINANCE NUMBER 633 OF THE CITY OF BOZE~AN, It SO AS TO REDUCE THE NUMBER OF RETAIL LICENSES GRANT- ABLE UNDER SAID ORDINANCE NUMBER 641 FROM TEN TO EIGHT; AND ALSO BY ADDING A NEW SECTION TO SAID ORDINANCE NUMBER 64lS0 AS TO PROHIBIT DANCING IN PLACES WHERE BEER IS SOLD. BE IT ORDAINED BY THE COMMISSION OF THE CITY OF BOZEMAN: Section" 1. That Section Three (3) of Ordinance Number 641 of the City of Bozeman, entitled: "An Ordinance RegUlating the Manufacture and Sale of Beer Within the City of Bozeman, Pursuant to the Provisions and Authority of Chapter 106 of the Laws of the Twenty-Third Legislative Assembly of the State of Montana, as ~ended by House B~ll Number 30 of the First Extraordinary Session ofaaid Twenty-Third Legislative Assembly of the State of Montana, Prottdtng Penalties for Violation of this Ordinance and Repealing Ordinance Number 633 of the City of Bozeman." '-:- - .. , '''" ~, I' be, and the sgme is hereby, amended so as to read as 'follows: - _. - Section 3 ~.~. ~ APPLICATION FOR CITY LICENSE -- NUMBER OF LICENSES LIMITED - No person shall manufacture or sell beer in the City of Bozeman, I under the provisions of sai~ Montana Beer Act, or at all, without first procuring a license 80 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: \ CITY OF BOZEMAN, MONTANA Application for City License under Ordinance No. 641 and Montana Beer Act. To the City Commission of the City of Bozeman, Montana: The undersigned hereby makes application for a City License under Ordinance Number 641, of the City of Bozeman, relating to City Licenses under the Montana Beer Act, as a . My name is , Sex , Age , Color . lam a holder of a license from the State of Montana, under the Montana Beer Act, as a , and it expires . My residence is . I have resided there . The "I" location in the City of Bozeman where I propose to carryon business under said license hereby applied for is , and I under- stand that the City License hereby applied for, if granted, shall not be " '-.-, "- . . good for any other location in said City without the consent and per- .1" ~ / ....., - ...........-' mission of the City Connnlssion first had and obtained after application - and such permission endorsed on sucrh license by the Director of Finance, .'-.'-".'.'''---'',''''.~"q"",:",,",~,,;;.,.,,;:.,- : 459 which endorsement shall refer to book and page of the official proceedings 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 I understand and agree that the license applied for, if gr anted, shall be subject to all of the provisions of said Ordinance No. 641 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 oonsumption 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 licen~e granted to me by the State of Montana pursuant to the Montana Beer Aot, s~all at once and simultaneously therewith operate also as a \ revocation, withdrawal or suspension, as the case may be, of any license granted pursuant to this application. STATF. OF MONTANA . . County of Gallatin : ss. City of Bozeman . . , the applicant abbve named, being first duly sworn, on his oath says: That he has read the above and foregoing application for a City License and knows the contents thereof, and the same is true. J Subscribed and sworn to before me this _ day of , 193 . - Notary Publio for the State of Montana. Residing at Bozeman, .Montana. My Com- mission expires ____ ____ The application shall be filed with the Clerk of the Comrnission 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 cause in the discretion 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 be issued . without the approval of the Connnission so entered upon its minutes. The date of such permission and the book and page.here 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 said minute entry, the applicant notified thereof and the tendered fee "I' returned to him. License fees shall be payable in advance, and ;3hall I - accompany the application therefor, whether original or':benewal. No rE(bate I " .....-., ".....,- ..........~: ~ "- will be allowed for fraction of a year, except that if license is gratlted after June 30th of any year the license fee for the remainder of the:~j~ndar \ year shall be one-half of the entire yearly license, ., and except, also, that if the entire yearly license fee has been paid in advance and business under the license shall be disoOntinuedbefore July 1st in the year in which such license is granted, the Director of Finance shall refund one-half of the .' 4-60 yearly lioense fee so paid ~ surrend~r of the license, 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 Ordinance shall expire at midnight of December 31st, in the year in whioh such license is issued. No license will be granted to I sell beer as defined in the Montana Beer Act in any residence district of f the City of Bozeman and the deoision of the City Commission aecto what con- stitutes a "residence district" of said City shall be conclusive upon all applicants for licenses under this Ordinance. The number of retail licenses issued and in force and effect under the provisions of this Ordinance, at any time, shall not be more than eight (8), but this shall not be construed to include permits issued under Section 5 of this Ordinance. Section 2. That there be, and there is hereby, added to said. Ordinance Number 641 a new section designated as Section 6A, as follows: Section 6A DANCING FORBIDDEN It shall be unlawful for any person or nersons, corporation or assooiation licensed.as a retailer of beer llIlder this Ordinance to permit dancing on or within the premises where such beer is licensed to be sold ,......'-. and/or served; provided, that this provision shall not apply to any hotel of I not less than fifty rooms, the owner and/or operator of which has paid, in ~addition to a retailer's beer license under this ordinance, the regular . business license fee for hotels and the regular business license fee for serving meals or lunches at tables, and where such dancing is done in the regular dining or other room of such hotel, which room is separated and . detached by one or more rooms from the room in which such beer is stored for sale and service. The burden of proof in any prosecution or other proceeding under this section shall be upon the person and/or persons charged with its violation, where defense is based upon any exception made in this section. Section 3. EFFECTIVE DATE This Ordinance shall be in full force and effect thirty days from and after its passage and adoption. Pass..ed and adopted by the Commission of the City of Bozeman at a .. re~~~r se.sllionthereof held on the 29th day of M~ 19~ ' -- ~ 71 ~ Mayor .,,4., ~'f ". ,46-1 I, Carolyn Westlake, Clerk of the Commission of the City of,Bozeman, . . Montana, hereby certify that the foregoing Ordinance No. 658 of the City of Bozeman, was published by title in the Bozeman Daily Chronicle, a daily newspaper of general circulation, printed and published in said City of ,J Bozeman, in the issue of March 3lat, and that due proof of said pub- lication was made and filed in my offioe. IN WITNESS WHEREOF I have hereunto set my hand and the seal of my office this 3lst day_of M~rch, 1935. -~/ ,- - .-.. - - -- '- J ... . - :"j- ,-- . " - . I I . , ' - , .. ~ ... ~ ..'