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HomeMy WebLinkAboutOrdinance 37- 675, Provides for licensing of liquor sale 76 ~. #- /' Amam\911 by ftrdimlOC9 No..2f4- .I/Iilleir~((frdma;~.h / ORDINANCE NO. 675 J 1'1'oOf 'Read 'd Ohecked r J 2. ...........- _9I.-~!... '.~~-i: y if, /'.:(;;. ..--- AN EMEHGENCY ORDINANCE OF THE CITY 01" BOZEMAN PHOVIDING FOE THE LICENSING OF THE SALE OF LIQUOH AT HETAIL WITHIN THE CITY OF BOZEMAJ~, PURSUANT TO 'I'HE PROVISIONS OF CHAPTER 84 OF THE LAWS 01" 'rHE TWENTY..FIFTH LEGISLATIVE ASSEMBLY OF 'rHE STATE OF MONTANA, 1937. PREAMBLE Whereas, pursuant to the provisions of Chapter 84 of the laws of the Twenty~fifth Legislative Assembly of the State of Montana, 1937, the Montana Liquor Control Board has issued lieenses to divers and sundry persons to sell intoxicating liquor at retail within the corporate limits of the City of Bozeman and such persons so licensed are now operating under such licenses and selling liquor at retail within the City of Bozeman and the City of Bozeman has no ordinance under or by virtue of which such sale , of liquor at retail within its corporate limits may be licensed, regulated and con trolled; and Whereas such selling and vending of intoxicating liquor at retail is known from corrnnon experience to be fraught and with dnnger to the good order, public peace and general welfare of any corrnnunity unless strictly regulated and controlled by local municipal authority where such business is conducted and carried on, and for such rea" sons an emergency exists and it ~) necessary that the City of Bozeman, under the power and authority granted to cities and towns by the aforesaid Chapter 84, inunediately pro" vide for the licensing, regulation and control of such sale of intoxicating liquor at retail within its corporate limits; therefore BE IT ORDAINED BY THE COMMISSION OF THE CITY OF BOZEMAN: Section 1 Definitions Whenever used in this ordinance the words and phrases set out in. Section 2 of Chapter 84 of the Laws of the 25th Legislative Assembly of the State of Montana, 1937, shall be given the interpretation and meaning given to such words and phrases in said Section 2, and all other words and phrases used herein sllall be 0iven their usual and ordinary meaning according to the common understanding and usage of the English language. Section 2 City Licenses All licensees of the Montana Liquor Control Board licensed to sell liquor at retail in the City of Bozeman shall within ten days after adoption of this ordinance apply to the Corrnnission of the City of Bozeman for a license from said City to sell liquor at re.. tail in said City and if such license be granted shall pay therefor to the City of Boze- man fifty per centum of the amount paid to the State of Montana for the license to sell liquor at retail from Montana Liquor Gontr.ol Board, tha t is to say: Fraternal organizations Pifty Dollars per annum. All other licensees Two Hundred Twenty..five dollars 'per annum. Provided: That the City of Bozeman will make such proportionate refund of any license paid under this ordinance as is made by the State of Montana, if any, tor a part of a year, when such license may be ineffective to permit operatiqns under it, upon like license issued by the State of N!ontana or Montana Liquor Control Board pursuant to Chapter 84 of the Laws of the 25th Le;:]:islative Assembly of the State of Montana, 1937, under the pro~sions of which this ordinance is adopted. \ I. I I .1 1 I 77 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 iof fuz eman; and any license issued under this ordinance shall (a) Run concurrently, and expire, with the license issued by Montana Liquor Con- trol Board. (b) Be subject to all of the provisions of Chapter 84 of the Laws of the 25th Leg- islative Assembly of the State of Montana, 1937, all of the nlles and regulations of Montana Liquor Control Board adopted and promulgated pursuant to the prosivions of Section 22 of said Chapter 84, and all of the provisions of tIlis ordinance and all other applicable ordinances of the City of Bozeman where not in conflict with the pro- visions of said Chapter 84, said rules and regulations or this ordinance. Section 3 Applications for License Applications for license under the provisions of this ordinance shall (a) Be in writing, signed and sworn to by the applicant before a person authorized to administeroaths, and be substantially in the following form: City Of Bozeman, Montana Application for License to Sell Liquor at Retail Under Ordinance No. Date I, , hereby make application to the City Commission of the City of ~ozeman for a license to sell liquor at retail in the City of Dozeman at the premises known and described as , in said C:'i. ty, and I hereby state: That I am the holder of a license from Montana Liquor Control Board to sell liquor at retail in the City of Bozeman at the above-described premises. That said license is dated 19____, and is Numbered . Tha t said license is in full force and effec t and has not been suspended nor revolced. I agree that if the license hereby applied for is granted it 1. shall expire with the expiration of the license from Montana Liquor Control Board in this application above described. 2. shall be subject to all of the provisions of Chapter 84 of the Laws of the 25th Legislative Assembly of the State of Montana, all rules and regulations adopted and promulgated by Montana Liquor Control Board pursuant to the provisions of Section 22 of said Chapter 84, all of the provisions of Ordinance No. 675 of the City of Boze- man under which this application is made, and all other applicable ordinances of the City of Bozeman where not in conflict with the provisions of said Chapter 84 and said rules and regulations. 3. Shall stand suspended or revoked upon suspension or revocation of the license from Montana Liquor Control Board, hereinabove referred to and described. 4. Shall not be transferrable. The fee of $ for the license hereby applied for accompanies this apnlica- tion and is tendered herewith. sign~ff~ ' Ordinance No. 675 78 Subscribed and sworn to before me this day of , 19 . (b) Such application shall be filed with the clerk of the City Commission and be presented by the clerk to the Commission at its first regular meeting after such Section 4 Licenses, Form of I filing. Any license issued under the provisions of this Ordinance shall be substantial- ly in the form following, to-wit: CITY OF BOZEMAN, MONTANA Retail Liquor License is hereby licensed to sell liquor at retail .t at the premises known and described as , Bozeman, Montana, subject to all of the provisions of Chapter 84 of the Laws of the 25th Legislative Assembly of the State of Montana, 1937, the rules and regulations adopted and promulgated by Montana Liquor Control Board pursuant to Section 22 of said Chapter 84, of all of the provisions of Ordinance 675 of the City of Bozeman, and all other applicable ordinances of the City of Bozeman where not in conflict with the provisions of said Chapter 84, and said rules and regulations. This license runs concurrently, and expires, with the license issued by Montana Liquor Control Board'to the above named , which is dated , 19 -' and is Numbered . 1 This license must be posted in a conspicuous place in the premises above des- cribed and alongside the license from Montana Liquor Control Board as above dated and numbered. Director-of Finance City of Bozeman, By Assistant. Section 5 Hours for Business Pursuant to the provisions and authority of Section 12, of said Ch~pter 84 of the Laws of the 25th Legislative Assembly of the State of Montana, it is hereby or- dained that no liquor shall be sold, offered for sale or given away upon any premises licensed to sell liquor at retail in the City of Bozeman, during the following hours: ,On Sundays between the hours of 1 0' clock A.~,~. and 2 0' clock P.M. On any other day between the hours of 12 o'clock, midnie~t, and 8 o'clock A.M., except on days of primary or general elections, when no liquor shall be sold, Section 6 Penalties I offered for sale or given away during the hours when the polls are open. Every person (as defined by Subsection 6 of Section 2 of Chapter 84 of the Laws of the 25th Legislative Assembly of the State of Montana) who violates any of the provisions of this Ordinance shall, upon conviction thereof in the Police Court of the City of bozeman, be fined in a sum not exceeding three hundred (q~300.00) dollars, or by imprisonment in the City of County jail for not exceeding ninety (90) days, or Ordinance No. 675 I 1 I 79 by both such fine and imprisonment; and the pdice magistrate upon such conviction shall certify the same forthwith to the City Commission who may, in its discretion, forward such certificate to the Montana Liquor Control Board with a request that the license issued to the offender by such Board be suspended or revoked, pursuant to the provi- sions of said Chapter 84 applicable to such case. Section 7 Disposition of License Fees Fees and fines collected under this Ordinance shall be allocated to the "Protec- tion of Life and Property Fund" of the City of Bozeman, it being hereby recited tho.t licenses imposed under the provisions of th!. Ordinance are exclusively for the purpose of defraying the cost of necessary police regulation, inspection and control 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 regulations of the City of Bozeman for the safety, health, peace, quietness and good order of said City and the inhabitants thereof. All fees provided for in this Ordinance are in addition to any and all other license fees required to be paid under any other ordinance of the City of Bozeman. Section 8 Emergency Declared For the reasons set out in the preamble hereto it is hereby declared that an emergency exists and by reason thereof this ordinance should take effect immediately, and accordingly this ordinance shall be in full force and effect from and after its passage and adoption. Passed and adopted by unanimous vote of the Commission of the City of Bozeman at a regular meeting thereof held on the 16th day of April, 1937. Maye:;~L~ Attest: the City Commission Published in Bozeman Daily Chronicle April 18th, 1937. --o~" State of Montana ) ) ss County of Gallatin ) I, L. G. Shadoan, Clerk of the Commission of the City of Bozeman, hereby certify . , that the foregoing Ordinance No. 675 was published by title in the Bozeman Daily Chron- icle, a daily newspaper of general circulation, printed and publislled in said City of Bozeman, in the issue of April 18th, 1937, and that due proof of said publication was made and filed in my office. IN WITNESS WHEREOF, I hereunto set my hand and affix the seal of my office this 19th day of April, 1937. ~~~ Clerlc of the Commission