Loading...
HomeMy WebLinkAboutA1. Ordinance 1948 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Wendy Thomas, Director of Community Development Chris Kukulski, City Manager SUBJECT: Ordinance 1948, Amending Chapter 12 of the Bozeman Municipal Code, Business Licenses MEETING DATE: April 25, 2016 AGENDA ITEM TYPE: Action RECOMMEND MOTION: Having reviewed the presented information, considered public comment, and considered all of the information presented, I hereby move to recommend approval of Ordinance 1948, amending Chapter 12 of the Bozeman Municipal Code, Business Licenses. EXECUTIVE SUMMARY: Approximately five years ago, the Directors of Community Development and Administrative Services discussed the idea of moving the business licenses process from Finance to Community Development. After a thorough examination of the process, service levels for customers, and costs; we are proposing the Bozeman Municipal Code (BMC) be amended in order to allow more flexibility in what department administers the program and removal of the fee schedule from the BMC. PROPOSED AMENDMENTS: BMC specifies that the Administrative Services Director administer all programs related to business licenses. As the City moves to improve its business process to serve the community in the most efficient process, it seems overly bureaucratic to have the roles and responsibilities associated with each process codified. Therefore the proposed changes to Chapter 12 focuses on improving flexibility in order to incorporate changes in process to improve delivery and to be cost effective. The primary change is amending the code to allow the City Manager flexibility to assign the business license process to the department or supervisor that would best serve the process and the customer. As a result we are proposing amending the BMC to assign the process to the City Manager or designee and not to an individual as is currently in place. The origin of the suggestion to change where the process starts with the City was based on the fact that our business license process starts at City Hall in the Finance Department where an application is taken in and a receipt given. The application is then routed electronically to various departments for review and approval. At times, the process falls apart when business owners leave City Hall thinking they have a business license. When the Planning Division reviews the application and contacts the owner stating that the business is not allowed by zoning, the customer is frustrated because they understood that the receipt was a business license. 85 We believe the City can improve the process by having Planning and Building review the new applications and schedule inspections as needed while the customer is in the building. This will further our goal of showing that the City of Bozeman is open for business. The second amendment is to have the business license be renewed on a rolling annual basis. Currently the business license process requires a renewal on January 1 of each year. A rolling renewal will allow the managing department to distribute the work load across the year, as opposed to having a tremendous work load during three or four months of the year. After discussing the proposed change with the Chamber of Commerce, the Chamber shared that they also made the same change for the same reason. The result takes years to fully implement; however, the change has resulted in a better process for both customer and service provider. The final change is to remove the fee schedule from the BMC. Planning and Building fee schedules are approved by the City Commission through resolution, as are other fees such as impact fees. Removing the fees from the ordinance allows the City Commission flexibility to amend the fees on an as needed basis. The fee schedule is not proposed to be changed at this time, only the removal of the fees from Chapter 12. It is important to note that the fees for business licenses have not changed since 1989. Staff will be bringing to the Commission a resolution with a fee schedule to coincide with the effective date of Ordinance 1948, if the Commission moves forward with the proposed change. ALTERNATIVES: As directed by the Commission. FISCAL EFFECTS: None are anticipated at this time. Report compiled on: April 17, 2016 Attachments: Ordinance 1948 86 Ordinance No. 16-1948, Revisions to Chapter 12 BMC Regarding Business Licensing Page 1 of 11 ORDINANCE NO. 1948 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING CHAPTER 12 OF THE BOZEMAN MUNICIPAL CODE REGARDING ADMINISTRATION OF THE BUSINESS LICENSE PROGRAM. WHEREAS, the City Commission adopted business license requirements by approving Ordinance No. 1273 on November 21, 1988; and WHEREAS, the business license requirements include compliance with all applicable zoning, building and fire codes, and other laws and regulations which protect the health, safety and welfare of the citizens of the city; and WHEREAS, the business license program has been administered by the Department of Administrative Services; and WHEREAS, consolidating the administration of the business license program with other permitting programs will improve coordination between the various permitting authorities involved in issuing new and renewed business licenses; NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA: Section 1 That the Bozeman Municipal Code be amended by revising Section 12.02.020 as follows: Sec. 12.02.020. - Separate license for branch establishments. A license shall be obtained in the manner prescribed herein for each branch establishment or location of the business engaged in, as if each such branch establishment or location were a separate business; provided that warehouses and distributing plants used in connection with and 87 Ordinance No. 16-1948, Revisions to Chapter 12 BMC Regarding Business Licensing Page 2 of 11 incidental to a business licensed under the provisions of this chapter shall not be deemed to be separate places of business or branch establishments. Section 2 That the Bozeman Municipal Code be amended by revising Section 12.02.030 as follows: Sec. 12.02.030. - Joint license. A person engaged in two or more businesses at the same location shall not be required to obtain separate licenses for conducting each of such businesses but, when eligible, shall be issued one a single license if the requirements of this chapter are met. Section 3 That the Bozeman Municipal Code be amended by revising Section 12.02.050 as follows: Sec. 12.02.050. - Director of aAdministrative services; duties. A. The director of administrative servicescity manager or the person appointed by the city manager as the administrator of the business license program (“program administrator”) shall collect all license fees and shall issue license and renewals thereof in the name of the city to all persons qualified under the provisions of this chapter and shall have the power to: 1. Make rules. The director of administrative servicesprogram administrator shall promulgate and enforce all reasonable rules and regulations necessary to the operation and enforcement of this chapter. All rules are subject to commission review and modification. 2. Adopt forms. The director of administrative servicesprogram administrator shall adopt all forms and prescribe the information to be given therein as to character and other relevant matter for all necessary papers. 3. Obtain endorsement. The director of administrative servicesprogram administrator shall submit all applications to interested city officials for their endorsements thereon as to compliance by the applicant with all city regulations which they have the duty of enforcing. 4. Investigate. The director of administrative servicesprogram administrator shall investigate and determine the eligibility of any applicant for a license as prescribed herein. 5. Examine records. The director of administrative servicesprogram administrator shall examine the books and records of any applicant of licensee when reasonably necessary to the administration and enforcement of this chapter. 88 Ordinance No. 16-1948, Revisions to Chapter 12 BMC Regarding Business Licensing Page 3 of 11 6. Give notice. The director of administrative servicesprogram administrator shall notify any applicant of the acceptance or rejection of the application and shall, upon the director of administrative services's refusal of any license or permit, at the applicant's request, state in writing the reasons therefor and deliver them to the applicant. New applicants will be notified within seven working days. 7. Register of licenses. The director of administrative servicesprogram administrator shall maintain at all times a license register, in which shall be entered the full name of each licensee, the address at which such business is conducted, the date of the issuance, the purpose for which the license is issued, the amount paid therefor, the telephone and address of the applicant, and the time such license will continue in force. Section 4 That the Bozeman Municipal Code be amended by revising Section 12.02.060 as follows: Sec. 12.02.060. - Formal application required. A. Every person required to procure a license under the provisions of any ordinance or law of the city shall submit an application for such license to the director of administrative servicescity. The application requirements are as follows: 1. Form of application. The application shall be a written statement upon forms provided by the director of administrative servicescity. 2. Contents of application. The applicant is required to disclose all information necessary to comply with this chapter and of any other information which the director of administrative servicesprogram administrator shall find to be reasonably necessary to the fair administration of this chapter. 3. Compliance with laws and regulations. Issuance of a business license is contingent upon a business being in compliance with all applicable zoning, building and fire codes and other laws and regulations which protect the health, safety and welfare of the citizens of the community. 4. Payment of fees. The application shall be accompanied by the full amount of the fees chargeable for such license. Section 5 That the Bozeman Municipal Code be amended by revising Section 12.02.080 as follows: Sec. 12.02.080. - Transfer of license. A. A licensee hereunder shall have the right to transfer the licensee's license to another person provided the licensee shall: 89 Ordinance No. 16-1948, Revisions to Chapter 12 BMC Regarding Business Licensing Page 4 of 11 1. Execute the transfer in the form and under the conditions required by law and as prescribed by the director of administrative services; 2. Promptly report the completed act of transfer to the director of administrative servicescity; 3. Upon the completion of a transfer of license in compliance with this section, be issued a new license to the transferee for the unexpired term of the old license; 4. Pay the required fee. Section 6 That the Bozeman Municipal Code be amended by revising Section 12.02.090 as follows: Sec. 12.02.090. - Contents of license; information required. A. Each license issued hereunder shall state upon its face the following: 1. The name, address, and telephone number of the licensee and any other name under which such business is to be conducted; 2. The type and address of each business so licensed; 3. The amount of license fee therefor; 4. The dates of issuance and expiration thereof; 5. Approval of the various regulatory departments of the city; 6. Such other information as the director of administrative servicesprogram administrator shall determine. Section 7 That the Bozeman Municipal Code be amended by revising Section 12.02.100 as follows: Sec. 12.02.100. - Expiration of license. All licenses issued pursuant to this chapter shall expire on December 31 of theare valid for one year from the month in which such license is issued. Section 8 That the Bozeman Municipal Code be amended by revising Section 12.02.100 as follows: Sec. 12.02.110. - License renewal. 90 Ordinance No. 16-1948, Revisions to Chapter 12 BMC Regarding Business Licensing Page 5 of 11 Every person licensed to engage in any business covered by this chapter, if such business is to be continued, shall renew such license by February 15 of the next calendar yearannually. It is the licensee’s responsibility to renew the business license on time even if a courtesy reminder notice is not received by licensee. Section 9 That the Bozeman Municipal Code be amended by revising Section 12.02.120 as follows: Sec. 12.02.120. - Noncompliance; penalty. Failure of a business to either obtain a new business license or to renew a business license as required by this chapter shall result in a delinquent charge of ten percent of the annual license and inspection fee, for each month the application remains delinquentis late. Failure to renew a business license as required by this chapter may result in suspension and/or revocation of the license pursuant to section 12.02.170.A. Violations of this chapter may result in civil suit to recover unpaid fees and/or criminal prosecution pursuant to sections 12.02.210, 12.02.220, and 1.01.210. Section 10 That the Bozeman Municipal Code be amended by revising Section 12.02.140 as follows: Sec. 12.02.140. - Inspections; persons authorized. A. The following persons are authorized to conduct inspections in the manner prescribed herein: 1. Director of administrative servicesProgram administrator. The director of administrative servicesprogram administrator shall make all investigations reasonably necessary to the enforcement of this chapter. 2. City officers. All police, fire, building inspectors, city engineers, zoning officials, and other officials designated by the director of administrative servicescity manager, shall inspect and examine businesses located within their respective jurisdictions to enforce compliance with the chapter. Section 11 That the Bozeman Municipal Code be amended by revising Section 12.02.170 as follows: Sec. 12.02.170. - License revocation/suspension—Generally. A. The director of administrative servicescity manager may suspend or revoke a license when the licensee commits one or more of the following acts or omissions: 91 Ordinance No. 16-1948, Revisions to Chapter 12 BMC Regarding Business Licensing Page 6 of 11 1. The violation of any provision of this chapter; 2. The violation of any ordinances provisions relating to the health, safety and welfare of the citizens of the community; or 3. The securing of any license by fraud or misrepresentation, to specifically include false or incorrect information on the license application. Section 12 That the Bozeman Municipal Code be amended by revising Section 12.02.180 as follows: Sec. 12.02.180. - Same—Procedure. A. When any of the acts or omissions as herein enumerated are committed by a license holderlicensee and the license is suspended or revoked, the procedure shall be as follows: 1. The licensee shall be notified in writing by the director of administrative servicesprogram administrator at least seven days prior to the action contemplated and the reasons therefor. 2. Upon receipt of the notice, the licensee may request a hearing with the city manager. Such request shall be in writing and shall be received by the director of administrative servicesprogram administrator within seven days of the receipt of notice. Failure on the part of the licensee to request a hearing in writing and within the specified time period shall be deemed a waiver of the licensee's right to a hearing. 3. If a hearing is requested by the licensee, the director of administrative servicescity manager shall set a time, date and place and shall so notify the licensee, in writing. 4. When a hearing is conducted, the licensee and other interested parties may be in attendance. The city shall present the evidence supporting the contemplated action. The licensee may present evidence. The director of administrative servicescity manager shall take all evidence admitted under advisement and once a decision has been made, the director of administrative servicescity manager shall notify the licensee of the findings and rule in writing. Section 13 That the Bozeman Municipal Code be amended by revising Section 12.02.190 as follows: Sec. 12.02.190. - Appeal. A. Right of appeal. Any person aggrieved by any decision of the director of administrative servicescity manager shall have the right of appeal to the city commission by filing a written appeal with the city clerk within 20 days following the effective date of the action taken or the decision made. 92 Ordinance No. 16-1948, Revisions to Chapter 12 BMC Regarding Business Licensing Page 7 of 11 B. Contents of appeal. Such appeal shall set out a copy of the order or decision appealed and shall include a statement of the facts relied upon to avoid such action taken or decision made. C. Notification of director of administrative servicescity manager. At the time of filing any such appeal a copy thereof shall be filed by the appellant with the director of administrative servicescity manager. D. Hearing. The city commission shall fix a time and place for hearing the appeal and shall personally serve a written notice, as provided herein, upon the appellant informing the appellant thereof. The city commission shall also give such notice to the director of administrative servicescity manager and such officer shall be entitled to appear and defend such action taken or decision made. E. Effect of decision. The findings of the city commission shall be final and conclusive and shall be personally served upon the appellant as required herein. Section 14 That the Bozeman Municipal Code be amended by revising Section 12.02.220 as follows: Sec. 12.02.220. - Civil judgment no bar. No civil judgment, or any act by the city attorney, the director of administrative servicescity manager, the program administrator or the violator shall bar or prevent a criminal prosecution for each and every violation of this chapter. Section 15 That the Bozeman Municipal Code be amended by revising Section 12.03.010 as follows: Sec. 12.03.010. - Business license fees. All business license fees, unless otherwise specified in this chapter, shall be based on the square footage of the business being licensed in consideration of the costs of administering this chapter and the regulatory costs incurred. The license fee is made up of two components: the business registration fee, and a regulatory compliance fee. The fee schedule is as follows:shall be approved by resolution of the city commission. LICENSE FEE SCHEDULE GENERAL BUSINESSES: Square Footage Registration & License Fee (in dollars) Special Services & Regulatory Inspection Total Fee 93 Ordinance No. 16-1948, Revisions to Chapter 12 BMC Regarding Business Licensing Page 8 of 11 Fee (in dollars) (in dollars) 0 - 199 25 0 25 200 - 999 25 25 50 1,000 - 1,999 25 50 75 2,000 - 4,999 25 100 125 5,000 - 9,999 25 175 200 10,000 & Over 25 225 250 SPECIFIC BUSINESSES: Registration & License Fee (in dollars) Special Services & Regulatory Inspection Fee (in dollars) Total Fee (in dollars) Itinerant Vendors 25 5 30 Home Occupation 10 -0- 10 Transient Merchants 25 50 75 Pawnbrokers 25 125 150 Carnivals/Rodeos/Fairs Per Visit not to exceed 7 consecutive days 25 200 225 Going-Out-Of-Business 25 25 50 Hotels/Motels 1 — 15 Rooms 25 25 50 94 Ordinance No. 16-1948, Revisions to Chapter 12 BMC Regarding Business Licensing Page 9 of 11 15 + Rooms (+$2.00/Rm)* 25 25+* Varies Transfer Fee 10 -0- 10 Amusement Games/Machine (M) 15/M 15/M Machines depicting sexual activity/Machine (M) 25/M 75/M 100/M Medical marijuana 25 125 150 Emergency Medical Service 500 -0- 500 Section 16 That the Bozeman Municipal Code be amended by revising Section 12.03.030 as follows: Sec. 12.03.030. - Prorated fee for new general businessesReserved. The license fee of any new general business commenced after the beginning of the license period will be prorated on a semiannual basis. Section 17 Repealer. All provisions of the ordinances of the City of Bozeman in conflict with the provisions of this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 18 Savings Provision. This ordinance does not affect the rights and duties that matured, penalties that were incurred or proceedings that were begun before the effective date of this ordinance. All other provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full force and effect. 95 Ordinance No. 16-1948, Revisions to Chapter 12 BMC Regarding Business Licensing Page 10 of 11 Section 19 Severability. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof, other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman Municipal Code as a whole. Section 20 Codification. This Ordinance shall be codified as indicated in Sections 1 – 16. Effective Date. This ordinance shall be in full force and effect thirty (30) days after final adoption. PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the 25th day of April, 2016. ____________________________________ CARSON TAYLOR Mayor ATTEST: ____________________________________ PEARL MICHALSON Interim City Clerk 96 Ordinance No. 16-1948, Revisions to Chapter 12 BMC Regarding Business Licensing Page 11 of 11 FINALLY PASSED, ADOPTED AND APPROVED by the City Commission of the City of Bozeman, Montana on second reading at a regular session thereof held on the 9th of May, 2016. The effective date of this ordinance is June 8, 2016. _________________________________ CARSON TAYLOR Mayor ATTEST: _________________________________ PEARL MICHALSON Interim City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 97