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HomeMy WebLinkAboutOrdinance 74- 945, Amends 9 4.04.030, liquor. I I I 329 ORDINANCE va. 945 AN ORDINANCE AMENDING ~ECTION 4.04.030 OF THE BOZE~AN MUNICIPAL CODE TO INCLUDE LICENSING OF THE MANUFACTURE AND SALE OF WINE IN THE CITY OF BOZEPAN AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BQ7,F-MAN. MONTANA. AS FOLLOWS. TO ~HT: Section 1 That Section 4.04.030 of the Bozeman Municipal Code be and the same is hereby amended as follows: 4.04.030 City license - Application - Limited number. No person shall manufacture or sell beer or ,~ine in the City of Bozeman. under the provisions of said Montana Beer Act. or at all, without first procuring a license so to do from the City of Bozeman. Application for a City License shall be made to the City Commission on form to be pro- vided by the Director of Finance. A separate license shall be required for the sale of beer and for the sale of wine. The form for such application shall be substantially as follows: CITY OF BOZEMAN, MONTANA Application for the City License under Chapter 4.04 of Bozeman City Code and Montana Beer Act To the City Commission of the City of Bozeman. Montana: The undersigned hereby makes the Bozeman City Code relating to application for a City License under City Licenses under the Montana Beer My name is I am a holder of a license Chapter 4.04 of Act, as a and my age is under the Montana Beer Act, as a My residence is , from the State of Montana, , and it expires I have resided there The location in the City of Bozeman where I propose to carryon business under said license hereby applied for is , and I understand that the City License hereby applied for, if granted, shall not be good for any other location in said city without the consent and permission of the City Commission first had and obtained after application and such permission endorsed on such license by the Director of Finance. which endorsement shall refer to book and page of the official proceedings of the City r~mmission where reference to such application and permission are entered. The fee of $ , as prescribed by said chapter, is tendered herewith. 1 understand and agree that the license applied for, if granted, shall be subject to all of the provisions of said Chapter 4.04 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 or wine at retail for consumption at such bar, is not permitted"under said Chapter 4.04 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 pursuant to the MOntana Beer Act, shall 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. STATE OF MONTANA) County of r~llatin) ss. City of Bozeman ) , the applicant above 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. Subscribed and sworn to before me this day of 19 Notary Public for the State of Montana Residing at Bozeman, Montana My Commission Expires 330 The application shall be filed with the Clerk of the Commission 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 discretimn of the Commission. The action of the Commission with reference to the application shall be recorded in the minutes of its proceedings and no license shall be issued without the approval of the Commission so entered upon its 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 said minute entry, the applicant notified thereof and the tendered fee returned to him. License fees shall be payable in advance, and shall accompany the application therefor, whether original or renewal. No rebate will be allowed for fraction of a year, except that if license is granted after June 30th of any year the license 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 advance and business under 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 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 chapter shall expire at midnight of December 31st, in the year in which such license is issued. No license will be granted to sell beer or wine as defined in the Montana Beer Act in any residence district of the City of Bozeman and the decision of the City Commission as to what constitutes a "residence district" of said City shall be conclusive upon all applicants for licenses under this chapter. The number of retail licenses issued and in force and effect under the provi- sions of this chapter, at any time, shall not be more than , but this shall not be construed to include permits issued under Section 4.04.050 of this chapter. (Ord. 641 S 3, as amended by Ord. 658; March 29, 1935.) I Section 2 This ordinance shall be in full force and effect from and after its passage and adoption. PASSED, ADOPTED, and APPROVED by the City Commission of the City of Bozeman this 26th day of June , 1974. Mayor I ATTEST: Y/~~ .~ '" / ( l.O .... /t/?' A-" /: "'~C--<:'l . . Clerk of the (City Corom s10n State of Montana County of Gallatin City of Bozeman ) ss I, Erna V. Harding, Clerk of the Commission of the City of Bozeman, do hereby certify that the foregoing Ordinance No. 945 was published by title and number in the Bozeman Daily Chronicle, a newspaper of general circulation printed and published in Bozeman in the issue of the 11th day of July 1974, and due proof of such publication is on file in my office. IN WITNESS WHEREOF I hereunto set my hand and affix the corporate seal of my office this 9th day of July 1974. ,~') f./~ ~:NAc/:tY'AARDI~d .. ~ Clerk of the City Commission I ORDINANCE NO. 945