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HomeMy WebLinkAboutOrdinance 51- 767, Amends Section 2 of Ordinance 675 316 ORDINANCE NO. 767 AN ORDINANCE AMENDING SECTION 2 OF ORDINANCE NUM"3ER 675 OF THE CITY OF BOZEMAN (sEC'rIoN 325 REVISED ORDINANCES OF 'rHE C I'ry OF BOZEMAN, 19~1), THE SHORT 'rITLE OF WHICH ORDINANCE IS "AN EMERGENCY ORDINANCE OF THE CI'rY OF BOZEMAN PROVIDING FOR 'rEE LICENSING OF THE SALE OF LIQUOR AT RETAIL", SO AS 'ro INCREASE 'rHE ANNU- AL LICENSE FEES TO BE CHARGED FRATERNAL ORGANIZATIONS AND ALL OTHER LICENSEES SELLING LIQUOR AT RETAIL IN 'rHE CITY OF BOZEMAN. WHEREAS, Section 4-404, Revised Codes of Montana, 1947, fixed the annual license fee for retail sale of liquor within the incorporated cities of population of ten thous- I and (10,000) or more to be paid to the State of Montana at the sum of Six Hundred and no/lOa ($600.00) Dollars per annum; and WHEREAS, Section 4-430, Revised Codes of Montana, 191~ 7 , authorizes incorporated cities or towns to six and collect a license fee for the retail sale of liquor in an amount not to exceed fifty (50%) per cent of the license fee collected by the State of Montana; and WHEREAS, the official 1950 census figures for the City of Bozeman published by the United states Bureau of Census show that said City of Bozeman has a population in excess of ten thousand persons; and WHERF.Jl.S, the City Commission of the City of Bozeman on the 29th day of August, 1951, did pass and adopt Commission Resolution Number 712 advancing the City of Bozeman from a city of the second class to a city of the first class and dec~ring that all benefits and privileges accruing to a city of the first class should accrue to said city. NOW, THEREFORE, BE IT ORDAINED BY 'rHE COMMISSION OF THE CITY OF BOZEMAN: Section 1. 'rhat Section 2 of Ordinance Number 675 (Section 325 Revised Ordinances of the City of Bozeman, 1941), be, and the same is hereby amended to read as follows: I Section 2 City Licenses All licenses of the Montana Liquor Control Board licensed to sell liquor at retail in the City of Bozeman shall pay therefor to the city of Bozeman fifty per centum of the amount paid to the state of Montana for the license to sell liquor at retailfrom Montana Liquor Control Board, that is to say: Fraternal organizations, sixty-five dollars per annum. All other licensees, three hundred dollars per annum. Provided, th10it the City of Bozeman will make such proportionate refund of any li- cense paid under this ordinance as is made by the state of Montana, if any, for a part of a year, when such license may be ineffective to permit operations under it, upon like license issued by the 25th Legislative assembly of the State of Montan~, 1937, under the proviSions of which this ordinance is adopted. No license shall be issued by the City of Bozeman under this ordinance unless the applicant therefor is licensed by Montana Liquor Control Board to sell liquor at retail in the City of Bozeman; and any licrense issued nnder this ordinance shall, I Be subject to all of the provisions of Chapter 84 of the Laws of the 25th Legisla- tive Assembly of the $~~te of Montana, 1937, all of the rules and regulations of Montana Liquor Control Board adopted and promulgated pursuant to the provisions of Section 22 of said Chapter 8~, and all of the provisions of this ordinance, and all other applicable ordinances of the City of Bozeman where not in conflict with the provisions of said Chapter 84, said rules and regulations of this ordinance. - ----- 317 Section 2. All ordinances and parts of ordinances in conflict herewith are here- by repealed. Section 3. This ordinance shall be in full force and effect on January 1, 1952. Adopted at a regular meeting of the City Commission of the City of Bozeman held this 7th day of November, 1951. I Attest: -U/%L~ ~~ . epk of the City Commission Mayor / Published in Bozeman Daily Chronicle November 11th, 1951. state of Montana ) ) ss County of Gallatin ) I, L. G. Shadoan, Clerk of the City Commission of The City of Bozeman, do hereby certify that the foregoing Ordinance No. 767 was published by title and number in the Bozeman Daily Chronicle, a newspaper of general circulation printed and published in said City in the issue of November 11th, 1951, and that due proof is on file in my offic e. IN WITNESS WHEREOF I hereunto set my hand and affix the seal of my office, this 12th day of November, 1951. d~~ Clerk of the ity Commission I I