1. Business Registration Programr City of Kalispell
Post Office Box 1997 • Kalispell, Montana 59903-1997 - Telephone (406) 758-7700 • FAX (406) 758-7758
REPORT TO: Honorable Mayor and City Council
FROM: PJ Sorensen, Zoning Administrator
Chris Kukulski, City Manager
SUBJECT: Business Registration Program
MEETING DATE: July 24, 2000 (work session)
BACKGROUND:
One of the most difficult problems faced with enforcement of city codes relating to
buildings and building safety is the lack of an efficient, practical method of tracking businesses
as they come into town or move around within the city. Building, fire, and zoning issues all need
to be addressed when a business moves into a new location. For example, a change of use could
require fire safety measures, ADA compliance, or additional parking. When there is new
construction, the issues can be looked at through the building permit process. However, at the
present time, many businesses begin operating without having any of those issues addressed
because they move into presently existing buildings.
The resulting problem is two -fold. First, the public safety and welfare can be placed at
risk when a new use does not comply with codes. Second, once a use is in place, it becomes
more difficult to encourage compliance than if the issue is addressed prior to the commencement
of operations.
Business registrations give us the opportunity to look at a new use and ensure compliance
with codes at a point when it is easier for the business to take action. Minimal fees will need to
be included in order to cover the costs of administering the program.
Proposed Zoning Text Amendment
Section 27.22.170: Business Registration:
(1) Relation to Rest of Zoning Ordinance. Notwithstanding any other provision of this
ordinance, no use, other than residential (not including home occupations), shall be considered a
permitted use or a use permitted by conditional use permit unless a current, valid business
registration certificate has been issued for the use.
(2) Registration periods. All uses subject to the business registration program shall
submit completed registration forms by January 15, 2001. Thereafter, any new use shall submit a
registration form and, before operations commence, must receive a business registration
certificate. Annual renewals must be submitted by January 15 of each year, or, if that date falls
on a weekend or holiday, the first business day following January 15. Renewal forms shall be
mailed to the listed address for each use at least four (4) weeks prior to the due date. Both initial
and renewal forms are to be prepared by the Zoning Administrator with the approval of the Site
Development Review Committee.
(3) Denial of Registration Certificate. An application for a business registration
certificate may be denied if the use is or would be in violation of building, fire, or zoning codes,
or if the use conflicts with stated city policy.
(4) Fees. Fees are to be set by Resolution of the City Council.
(5) Penalties.
(a) Failure to Obtain a Business Registration Certificate: An administrative
penalty shall be assessed for each use which does not obtain a business
registration certificate, or a renewal of a certificate, in an amount equal to twice
the applicable fee. A certificate shall not be issued for a use unless any
administrative penalty due is paid.
(b) Interest subsequent to Assessment. After 30 days from the date of the
assessment of the administrative penalty, interest at the rate of 10% per annum
shall be included in the penalty.
Fees
After an analysis of the cost of the program, it is proposed that there be an initial fee of
$25.00 with annual renewals being free of charge. It should be noted that Whitefish, by
comparison, charges between $30 and $100 (depending upon the amount of square footage) per
year for its general business licenses.
Forms
Forms for both the initial application and annual renewals are attached.
RECOMMENDATION: Staff recommends that the Council direct staff to prepare the
business registration program for consideration by the Council after receiving comments from
the business community.
FISCAL. EFFECTS: None. However, it should be noted that the program is designed to
be revenue neutral (i.e. the fees should cover the costs of administration).
ALTERNATIVES: As suggested by the Council.
Respectfully submitted,
PJ Sorensen
Zoning Administrator
Chris Kukulski
City Manager
Name of Business:
Physical Address of Business:
Legal Description:
Lot , dock , Addition/Subdivision-
Pl
ease describe the type of business:
Please describe any proposed construction/remodeling, including any signs:
Gross Square Footage of Business:
x
Type of State License, if any:
Mailing Address:
E-mail address:
Om
The applicant agrees that a business registration certificate issued pursuant to this application is
conditionssubject to all the terms and of •, the City of Kalispell,Montana,
ordinances and resolutions pertairiffig thereto, and the appagreeslicant bound
informationterms and conditions, and this certificate is non -transferable. Applicant further certifies that the
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Signature
Title
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11 is our intent to fill in the name and other information on the form and have a detachable
postcard or return foria'i to send in; formatting will need to be done later)
If any of the following has changed, please list the corrected information. If there is a new
business at this location and you have not obtained a business registration certificate, please
contact the Zoning Administrator at 758-7730 or stop by our office at 248 3id Avenue Bast in
Kalispell.
Physical Address of Business:
Nance of Contact Person: Phone Number:
Mailing Address:
Please check here if there are no changes in use, remodeling, or structural expansion:
-If there have been changes, please describe here:
The applicant agrees that a business registration certificate issued pursuant to this application is
subject to all the terms and conditions of the Code of the City of Kalispell, Montana, and the
ordinances and resolutions pertaining thereto, and the applicant hereby agrees to be bound by said
terms and conditions, and this certificate is non -transferable. Applicant further certifies that the
information given by the applicant is correct to the best of his/her knowledge.
Signature
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