Ordinance 840 - Alcohol License Fees370 Pri
ORDINANCE NO 840
AN ORDINANCE TO AMEND THE ALCOHOLIC BEVERAGE ORDINANCE OF THE CITY
OF KALISPELL ( Chapter 3 of the Kalispell City Code), TO PROVIDE
FOR THE AMOUNT OF' LICENSE FEES FOR AN ALL BEVERAGE LICENSE, A BEER
LICENSE, AND A BEER AND WINE LICENSE.
BE IT ORDAINED THAT THE ALCOHOLIC BEVERAGE ORDINANCE OF THE CITY OF
KALI:SPELL (Chap. 3, K.C.C.) ARE AMENDED AS FOLLOWS:
SECTION 1.
Section 3-6 of the Kalispell City Code is hereby amended to hereafter
provide:
"The City Council may issue an All Beverage License to a
person or persons to sell any intoxicating liquor at retail
within the City pursuant tb the::provisions,of Montana Alcoholic
Beverage Code; each licensee licensed under this section shall
pay an annual license fee of Fifty per cent (50%) of the
amount charged by the State of Montana for the License issued
by the State of Montana to such person or persons:
SECTION 2.
Section 3-7 of the Kalispell City Code is hereby amended to provide:
"Prior to the issuance of an -All Beverage License, the appli-
cant shall file with the city clerk an application in writing
containing such information and statements relative to the
applicant and the premises where the' liquor is to be sold
as may be provided on forms furnished by the city.
Every such license issued shall set forth the name of the
person to whom issued, location of the premises where the
business is to be carried on and, if issued to a partnership,
the names of the persons conducting the business. Such license
shall be non`:raiisferable except and only with the cunsi nt of
t.;e city council anu shall be posted in a conspicuous place
cn the premises where the business is carried on. All licenses
shall expire on June 30th of each year.
SECTION 3.
Section 3-13 of the Kalispell City Code is hereby amended to provide:
"Every person who desires to engage in
beer or beer and wine at retail in the
for and obtain a license therefor from
in this article and if such license is
for an annual license fee of Fifty per
amount charged by the State of Montana
to such licensee.
SEC_^1ION 4.
the business of selling
city shall first apply
the city as provided
granted shall pay there -
cent (50`b) of the
for the license issued
Section 3-14 of the Kalispell City Code is hereby amended to
prov:i6e: I
"Every person required by this article to obtain a license
must, before commencing such business, file with the city
clerk an application in writing, directed to the mayor and
city council. Such application shall be substantially the
same form as the form which may be prescribed by the Montana
371
I
Department of Revenue to carry out the provisions of the
Montana Alcoholic Beverage Code for a like business under suc}
act. Such application must be accompanied with the license
fee as provided in the preceding section, and, if such
applicant is an agent, such applicant must accompany such
application with principal's acknowledgement of such agency.
SECTION 5.
Section 3-15 of the Kalispell City Code is hereby amended to provide:
"Upon filing of the application prescribed in the preceding
section, the city clerk shall immediately deliver such appli-
cation to the mayor and city council and if approved, and
the Montana Department of Revenue issues a license to such
applicant, then the city treasurer shall deliver to the
applicant, license from the city for the business and at the
place described therein and in the license from the Montana
Department of Revenue. Such license shall be in substantially
the same form as the license. issued by the Montana Department
of Revenue. The city treasurer shall keep each application
on file in his office with an index thereof, showing the date
filed, the name of the applicant, the character and location
of business and reference to the file number by which such
application may be found.
The City treasurer shall be charged withthe collection of the
license fee herein provided for and shall. prepare all blanks
for applications for license and keep all books of account
in connection therewith.
SECTION 6.
Section 3-16 of the Kalispell City Code is hereby amended to provide:
"All licenses issued pursuant to this chapter, shall expire
on each thirtieth day of June at Midnight. Transfer of any
such license may be made on application to the city accom-
panied by satisfactory evidence of approval of the transfer
of the license issued by the Montana Department of Revenue..
SECTION 7.
Section 3-18 of the Kalispell City Code is hereby amended to provide:
"If any license issued by the Montana Department of Revenue
under the provisions of the "Montana Alcoholic reverage Code"
shall be revoked, or shall be suspended under the previsions
of such act, the 'companion license issued under the provisions
of this article shall be automatically revoked or suspended
for the same period and in the event of such action by the
Montana Department of Revenue, shall, on appeal, be modified
or set aside, the suspension or revocation of the license
issued under the provisions of this article shall be like-
wise automatically affected.
372
SECTION 8.
All provisions of the Ordinances of the City of Kalispell in conflict
herewith are hereby repealed. All other provisions of the Alcoholic
Beverage Ordinance of the City (Chap 3, K.C.C.) not in conflict
herewith shall remain in full force and effect.
SECTION 9.
The City Treasurer is hereby authorized to refund to current Alcoholi
Beverage licensees of the City such sums as may be necessary to adjust
the fees provided for herein with fees heretofore paid by such licensees
for the period beginning July 1, 1975 under provisions of the Kalispell
City Code repealed hereby,
PASSED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA, AND
APPROVED BY THE MAYOR THIS 18TH DAY OF AUGUST , 1975.
I, George Beardslee, City 1
do certify that on the 21 t
foregoing ordinance in of
period of five days, a the
as passed by the City ounci
E.
of the Ci o Kalispell, Montana,
of Augus 1975 I posted a copy of the
e and th same emained posted for a
regoin� a t e copy of,1the ordinance
ty of Karispell,