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02-06-89 Finance Comm MinutesFINANCE/PERSONNEL & POLICY/INSURANCE 8:15 AM FEBRUARY 6, 1989 The meeting was attended by Councilmen Atkinson (Chairman), Saverud and Nystul, City Attorney Neier, City Accountant Robertson and Clerk/Treasurer Halver 1. Budget Resolution Drug Enforcement Grant. City Accountant Robertson requested the committee approve, and recommend to the Council, a resolution which would increase the appropriate budgets so the State and Rotary Funding for the Drug Enforcement Officer can be properly accounted for. The committee agreed. They will recommend the Mayor also send a letter of thanks to the Rotary Club if the Safety Committee doesn't make the recommendation. 2. Buffalo Head Townhouses (SID 328) Delinquent Taxes. City Attorney Neier reported he is looking into the possibility of the City taking tax title to the delinquent lots in order to correct the assessment problems regarding the private roads and common area in the development and then resell the lots. The comrLittee asked him to continue to look into the possibilities, to discuss what might be worked out with the county and school district of their share of the delinquent general taxes and try to determine the fair market value of the lots. 3. Hiring of Police Officer Police Chief Clark arrived and explained to the committee that an existing officer would be assigned to the Drug Enforcement Task Force and a new officer would be hired. He asked the committee to do whatever they can to try to ensure the continuance of this officer's employment if or when the grant runs out. He realized the council couldn't make any guaranty but he was asking for a good faith effort. He also said he would be wanting to talk to the committee in the future about replacing the officer position he lost when Lt. Hellman retired. Monk Litigation Councilman Nystul asked City Attorney Neier if we have sued Monk yet and Neier said we are in court. Neier said Monk is claiming the city took the hookup fees from Scotty's Bar and Culligan and denied Monk the hookup recovery. He said he hasn't received anything in writing yet from the Public Works Director regarding who is hooked up. Nystul asked if Neier needed some assistance from this committee to direct the Public Works Director to cooperate with this litigation? Neier said he'd write a mew to him. Councilman Nystul moved "the committee report to the floor this evening directing the Public Works Director to cooperate fully with the City Attorney in this litigation without the necessity of the City Attorney writing memorandums to him." - 1 - Government MONTANA STATE UNIVERSITY Department of Political Science Bozeman, MT 59717 Telephone (406) 994-6694 October 21, 1988 Mr. Don Halver Drawer 1997 Kalispell, MT 59903 Dear Don: Enclosed you will find the license ordinance. This document by you, the City Attorney and the make any changes the City wishes. first draft of the business needs to be reviewed carefully Council. We are prepared to We look forward to learning your response to this first draft. If we can provide any assistance to aid your review, please do not hesitate to call us. Sincerely, Dr 'enneth Dire6tor L. Weaver !lorded in purl by the IV K. AegnM 1-bnodo7ion 0 ORDINANCE NO. SECTION 1.1 TITLE The ordinance codified in this title shall be known and cited as the Business Licensing Ordinance of the Kalispell Municipal Code. LICENSES FOR ARTICLE 1. GENERAL SECTION 1.2 APPLICABILITY OF CHAPTER. The provisions of this Chapter shall govern every occupation or business specified herein. If there is any inconsistency between the provisions of this Chapter and those in other Chapters in this code, the provisions in this Chapter shall prevail. SECTION 1.3. DEFINITIONS. For the purposes of this Chapter, the following words and phases shall have the meaning respectively ascribed to them by this section: City: The City of Kalispell, Montana License: The authority, granted by the City, to the person to whom it is issued to engage in a specific business or occupation within the corporate city limits of Kalispell. Business: Employment, occupation, profession or commercial activity engaged in for gain or livelihood. All businesses licensed by the city shall be categorized under general business unless otherwise specified in this Chapter. Person: An individual, firm, partnership, company, corporation, association, agency, or other organization, or any combination thereof. Square footage: The total number of square feet contained within the exterior walls of a building. Nonprofit organization: Any group which does not distribute pecuniary gains, profits or dividends and pecuniary gain is not the objective of the organization. Nonprofit organizations or groups must be recognized as such by the United States Internal Revenue Service. Itinerant vendors: Any person engaged or employed in the business of selling to consumers by going from consumer to consumer, either on the streets or to their places of residence or employment and soliciting, selling or taking orders for future delivery of any goods, wares, or merchandise or for services to be performed in the future. Going out of business sale: A sale held in such a manner as to • reasonably cause the public to believe that upon the disposal of the stock on hand, the business will cease and be discontinued. Home occupation: A sole proprietor or agent conducting a business in a residence with no employees or agents in a valid zoning district. SECTION 1-4. LICENSE REQUIRED AND REGULATION. Pursuant to the provisions of Title 7, Chapter 21, Parts 41 and 42 M.C.A., and with the exemptions noted in Section 1-5 below, no person shall conduct, operate, transact, engage in or carry on any business within the city without first applying for and obtaining a valid business license from the City, as herein provided. Under the general police power of the City, all businesses, unless otherwise exempted, shall be subject to regulation, inspection and control by the City to protect the health, safety and welfare of the residents of the City. SECTION 1-5. EXEMPTIONS. (A) Home occupations and nonprofit organizations shall be exempt from the provisions of this Chapter provided they meet the definitions of such; and (B) Any business which the State of Montana has specifically declared to be exempt from regulation by cities with general governments powers shall be exempt from the provisions of this Chapter. SECTION 1-6. SEPARATE LICENSES. Separate licenses must be procured by each and every trade, business, occupation, pursuit, vocation or entertainment. When there is any doubt about the classification or the license fee to be paid or whether one or more license fees should be paid, the matter shall be referred to the Council who shall decide the question. SECTION 1-7. DUTIES OF THE CITY CLERK. (A) It shall be the duty of the City Clerk to prepare all blanks for application, licenses and books of account in connection therewith, receive and process all license applications and issue licenses in accordance with the provisions of this title. (B) The Mayor may appoint assistants to the City Clerk who shall have the same responsibilities as the City Clerk as they apply to this title. • SECTION 1-8. APPLICATIONS. Every application for a business license shall be made to the City Clerk on the forms provided for that purpose. Such application shall state the name of the business; the name and address of the principle owner or owners of the business; the name, residential address and telephone number of the on -site manager of the business; the location and telephone number of the business and such other information that may be required. Such application shall be signed by the applicant. All statements made in any application shall be notarized before the City Clerk or an appointed assistant clerk. SECTION 1-9. APPROVAL OF APPLICATION. When any person shall make a first application for the licensing of a business or for a location not theretofore used by such applicant for such business within the city, such application shall be submitted to the Council whose approval shall be required before any. such new license may be issued. Issuance of a business license is contingent upon the business being in compliance with all applicable zoning, building and fire codes to protect the health, safety and welfare of the citizens of the community. SECTION 1-10. APPLICATION REVIEW. On or before the next working day following receipt of a license application, a copy of the application shall be forwarded for review and investigation to the following City departments. M1. Police Department 2. Fire Department 3. Building Department Zoning Department 5. Other, as determined and directed by the City Clerk SECTION 1-11. LICENSE FEES. The business license fees, for all businesses, unless other wise specified in this Chapter, shall be based upon the square footage of the business being licensed in consideration of the regulation required in Section 1-4 and 1-9 and the related administrative costs. SECTION 1-12. FEE TO BE PAID. No license shall be issued under this Chapter until the applicant has paid the required license fee. No license shall be prorated or granted for an amount less than the stipulated fee. SECTION 1-13. ALLOCATION OF FEES. All fees collected under this title shall be deposited by the City Treasurer in the general fund to support the various departments, divisions and activities of the City responsible for providing regulation and for the administration of this Chapter. • SECTION 1-14. FEES NOT TO BE REFUNDED. No refund shall be made to any licensee by reason of discontinuance of any business licensed under this Chapter or other city ordinances. SECTION 1-15. EXECUTION AND ISSUANCE. Every license issued under this Chapter shall be signed by the City Clerk. No person shall be deemed to be licensed until the license is issued in due form as provided by this section and no license shall authorize any person other than the licensee to conduct business thereunder. SECTION 1-16. DISPLAY, POSSESSION. (A) Every business licensed under this Chapter or other ordinance of the City shall at all times have such license prominently displayed in the place of business. (B) Every person who is licensed under this Chapter to conduct business within the City shall be in possession of such current license at all times while engaged in such business. SECTION 1-17. LICENSES CONSTITUTES PERSONAL PRIVILEGE; TRANSFERABILITY. A business license constitutes a personal privilege, granted by the City, to the person to whom it is issued but may be transferred. Such transfer may be executed by the assignee filing with the City Clerk a copy of the document effecting transfer of ownership. This transfer must be performed within thirty (30) days of the sale of the business covered by the license. The new proprietor or representative shall pay to the City Clerk a fee of ten dollar ($10.00) and file the proper information required as set forth in Section 1-8 of this Chapter. SECTION 1-18. LICENSE RESTRICTED; CHANGE OF LOCATION, FEE. Each business licensed entitles the licensee to operate such business only in the location described in such license. Should a licensee desire to move the business to a different location, he shall present a formal request for such change in location to the City Clerk, who shall process such request in the same manner as an application for a new license. No new fee shall be required except for a ten dollar ($10.00) change of location fee. No such licensee shall move such business to or operate such business in any location other than the one described in his license, unless and until such approval is given. SECTION 1-19. COMPLIANCE WITH ZONING ORDINANCE. No business shall be licensed or conducted from any location unless the business shall be in compliance with the provisions of the City's zoning ordinance. 0 SECTION 1-20. REGISTER OF LICENSES. The City Clerk shall maintain • a business license register, in which shall be entered the name, location and telephone number of each licensed business; the name and telephone number of the principle owner or owners of the business; the name, residential address and telephone number of the on -site manager of the business; the date of issuance of the license; the purpose for which the license is issued; the fee paid; the time such license will continue in force and, in every instance where bond is required, the amount of the bond furnished. SECTION 1-21. LICENSE DURATION AND RENEWAL. (A) All licenses issued pursuant to this Chapter shall expire on December thirty-first (31st) of the year in which such license is issued. (B) Every person licensed to engage in any business covered by this Chapter, if such business is to be continued, shall renew such license by January thirty-first (31st) of the next calendar year. (C) Application for renewal shall be made to the City Clerk who shall have the authority to reissue a license, provided such application for renewal is submitted prior to or on January thirty- first(31st). If such license renewal application has not been received by the City Clerk by January thirty-first (31st), the license shall be considered delinquent and subject to a delinquent • penalty. (D) Any license not renewed prior to or on January thirty- first(31st) shall pay a twenty ($20.00) delinquent fee and the appropriate license fee. (E) Any person who continues to conduct a business covered by this Chapter without renewing the license or securing a new license, as required, shall be deemed to be operating without a license in violation of this Chapter. SECTION 1-22. CONDUCTING BUSINESS WITHOUT A LICENSE-- A MISDEMEANOR. Any person who conducts a business within the corporate city limits without a valid business license shall be deemed guilty of a misdemeanor. Each day the violation continues shall be a separate offense punishable by a fine of not more than ten dollars ($10.00) for each day the violation occurs. SECTION 1-23. INTERSTATE COMMERCE. Nothing in this Chapter is intended to operate so as to interfere with the power of the Congress of the United States to regulate the commerce between the states. SSECTION 1-24. PROHIBITED OCCUPATIONS NOT TO LICENSED. No provision herein contained shall be construed so as to license any trade, • business, occupation, vocation, entertainment prohibited by any law State of Montana, or by any provision SECTIONS 1-27 THROUGH 1-40. RESERVED. ARTICLE II. BUSINESS AND FEES pursuit, profession or of the United States or the of this Code. SECTION 1-41. Every business entitled to hold a liquor license within the City shall pay to the City a license fee thereon as follows: 1. Beer license -------------- two hundred dollars ($200.00) 2. Beer and Wine license ----- four hundred dollars ($400.00) 3. All Beverage license ------ five hundred dollars ($500.00) SECTION 1-42. GENERAL BUSINESS LICENSE. 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 regulatory and administrative costs incurred by the City. The fee schedule is as follows. Less than 5,000 square feet -------- Twenty-five dollars. ($25.00) 5,001 to 10,000 square feet -------- Thirty dollars. ($30.00) 10,001 and greater square feet ------ Thirty-five dollars. ($35.00) SECTION 1-43. GOING OUT OF BUSINESS SALE. The license fee for a going out of business sale shall be thirty- five dollars($35.00). The going out of business sale shall be strictly limited to stock on hand at the commencement of the sale and the license shall be valid for a time period not to exceed sixty (60) days. A going out of business license will not be renewed. SECTION 1-44. ITINERANT VENDORS. The license fee for itinerant vendors shall be twenty-five dollars ($25.00) and said license shall be valid for a period of six months from the date of issuance. SECTION 1-45. BOND REQUIRED. Every application for an .Itinerant vendors license shall be accompanied by a bond in the sum of five hundred dollars($500.00). The following procedure shall apply: A. No itinerant vendor license shall be issued until the applicant has placed on file with the City Treasurer a surety bond, executed by a surety company duly licensed to do business in Montana. The bond shall be reviewed by the City Treasurer to assure that the licensee is able to comply with all the terms of this Chapter and to pay any and all judgments which may be obtained against the business arising out of the operation of the business, or a breach of any contract entered into by the licensee. The bond shall remain in effect for the period of six months from the expiration date of the license issued or until all judgments arising out of any legal action instituted within the six month period and covered by the bond have been fully satisfied and paid, whichever occurs last. B. A certified check, a cashier's check or cash may be substituted for the surety bond required in this section. A personal check will NOT be accepted. SECTION 1-46. INVESTIGATION FEE. When a background investigation is deemed to be in the public interest, as determined by the Council, the fee for such investigation shall be fifty dollars ($50.00)for each person listed as an owner, co-owner or manager on the application for a license. SECTION 1-47. CIRCUSES, CARNIVAL, ETC.. No person shall conduct for gain any circus, carnival, exhibition or parade within the • corporate city limits without obtaining a license and paying to the City Clerk a license fee of fifty dollars($50.00) per day. SECTIONS 1-49 THROUGH II-70. RESERVED. ARTICLE III. SUSPENSION AND REVOCATION SECTION 1-71. AUTHORITY. The Council may suspend or revoke a license when the licensee commits any of the following acts or omissions: (A) The violation of any provision of this chapter. (B) The violation of any ordinance relating to the health, safety and welfare of the residents of the city or a violation of the zoning code. (C) The securing of any City license by fraud or misrepresentation. SECTION 1-72. PROCEDURE. When any of the acts or omissions as herein enumerated are committed by a license holder and the license 18 is to be suspended or revoked, the procedure shall be as follows: (a) The licensee shall be notified, in writing, by certified mail, by the City Clerk at least seven (7) days prior to the action contemplated and the reasons therefor; (b) Upon receipt of the notice, the licensee may request a hearing. Such request shall be in writing and shall be received by the City Council within seven (7) days of 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 his right to a hearing. (c) If a hearing is requested by the licensee, the City Council shall set a time, date and place for the hearing, and the City Clerk shall so notify the licensee, in writing, by certified mail; (d) When a hearing is conducted, the licensee and other interested parties may be in attendance. At the request of the licensee or the City, witnesses shall be sworn. The City shall present the evidence supporting the contemplated action. The licensee may also present evidence. The City Council shall take all evidence admitted under advisement in reaching its decision. Once a decision has been made by Council, the City Clerk shall notify the licensee of the decision in writing, by certified mail. SECTIONS 1-73 THROUGH 1-90. RESERVED. • ARTICLE IV. PERIODIC REVIEW SECTION 1-91. REVIEW. At the direction of the Mayor and Council, the City shall undertake a comprehensive review of any or all aspects of the Chapter. SECTION 1-92 THROUGH 1-110. RESERVED. SECTION 1-111. SEPARABILITY. Should any section or provision of the ordinance as declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of this ordinance as a whole or any part thereof other than the part so declared unconstitutional or invalid. PROVISIONALLY PASSED, ADOPTED AND APPROVED by the City Council of the City of Kalispell, Montana, this day of , 1989. 0 MAYOR 0 0 ATTEST: CLERK OF THE COUNCIL FINALLY PASSED, ADOPTED AND APPROVED City of Kalispell, Montana, this 1989, and effective thirty (30) days ATTEST: CLERK OF THE COUNCIL by the City Council of the day of after said date. MAYOR APPROVED AS TO FORM: Glen Neier City Attorney