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Ordinance 444 - Regulates Beer336 ORDINANCE NO. 444 AN ORDINANCE to license and regulate the places of busi- ness where beer is sold; providing for the disposition of license fees and fines collected hereunder; imposing duties upon the Mayor, Chief of Police, Police Magistrate and Police officers of the City of Kalispell, Montana, and extending their jurisdiction; and to enforce the provisions of The Montana Beer Act and the regulations of the State Board of Equalization thereunder where - ever applicable to the provisions of this Ordinance; and repealing Ordinances No. 442 and 443 of the City of Kalispell and declaring this Ordinance to be an emergency measure. 9E IT ORDAINED BY THE CITY COUNCIL OF THT' CITY OF KALISPFLL, MONTANA: Section 1. The phrase "Montana Beer Act", as used herein is defined as Chapter 106, Laws of the Twenty -Third Legislative Assembly of the State of Montana, together with the amendments thereto as enacted by the Special Session of the Twenty -Third Legislative Assembly of the State of Montana. All acts or omissions applicable to the provisions of this Ordinance and this municipality which are prohibited or declared unlawful by the "Montana Beer Act" or by such regulations as will be.made by the State Board of Equalization which shall have the full force and effect of law, are hereby prohibited and declared unlawful. Section 2. CITY LICENSE RF.QUIREMEN'TS. That under and by virtue of the power granted to The Mayor and City Councils of the cities and towns of this . State and in aid of the Police power and regulations of the City of Kalispell, :Sontana, and in exercise of the authority reserved by the "Montana Beer act" to cities and incorporated towns of this State, it is hereby ordained that any person who desires to engage in the business of selling beer in said City, under the provisions of said Act, and in the character of places hereinafter mentioned, and as defined by said Act, shall first apply for and obtain a license therefor from said City as herein provided, and if such license is granted shall pay therefor an annual license fee as follows: Each "Brewer" Seven Hundred Fifty Dollars ( $? 50.00 ) Each "wholesaler" Three Hundred Dollars ( $300.00 ) Each "Retailer" Two Hundred Dollars ( $200.00 ) Each "Club" Fifty Dollars ( $50.00 ) All licenses issued in any year shall expire on the 31st day of December at midnight of such year. Provided that a transfer of any such license may be made on application to the City accompanied by satisfactory evidence of an approval of the transfer of the license issued by the State Board of Equalization of the State of Montana for such business. Section 3. APPLICATION FOR LICENSE. Every person required by this Ordinance to obtain a license must, before commencing such business, file with the City Treasurer an application, in writing, directed to the Mayor and City Council of the City of Kalispell, Montana. Such appli- cation shall be substantially the same form as the form which may be prescribed by the Mate Board of Equalization of the State of Montana to carry out the provisions of the "Montana Beer Act" for a like business under said Act. Such application must be accomp- anied with the license fee in the preceding section specified for the business applied for, and, if such applicant is an agent, such applicant must accompany such application with principal's acknow- ledgement of such agency. 1 Section 4. ISSUAIXT OF LICENSE, DUTIES OF TREASURER. Upon the filing of the application prescribed in Section three of this Ordinance, the City Treasurer shall immed- iately deliver such application to the Mayor and City Council and if approved, and the State Board of Equalization of the State of Montana issues a license to such applicant, then the City treasurer shall deliver to the applicant license from the City of Kalispell for the business and at the place described therein and in the license from the State Board of Equalization. Such license shall be in substantially the same form as the license issued by the State Board of Equalization. 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 said application may be found, and shall be charged with the collection of the license herein provided for, and shall prepare all blanks for applications for licenses and keep all books of account in connection therewith, and all ex- penses in connection with the administration of this Ordinance, shall, so far as possible, be charged against the funds collected under this, Ordinance. That all funds collected under the provis- ions of this Ordinance, either by way of license fees, fines or otherwise, shall be deposited and kept in a special fund of the City of Kalispell to be known as Contingent Fund for the Protection of Public Morals on Account of Sale of Beer, and out of said fund there shall be paid the expense of printing all necessary forms in the carrying out of the provisions of this Ordinance, the salaries of policemen and any other expenses necessary for the enforcement of this Ordinance, and the carrying out of the provisions hereof. Section 5. NO LIC717SE TO BE ISSUED IN RESIDy31TIAL DISTRICT. No license shall be issued for any such business if the same is to be conducted outside of the boundaries of the inner fire limits of the City of Kalispell as defined by the Ordinances of the City of Kalispell now in force, or which may hereafter be enacted. Section 6. DISPLAY OF LICF� SE. All licenses issued under the provisions of this Ordinance shall be at all times, prominently displayed in the place of business of such licensees. Section 7. HOURS OF BUSINESS. The privileges granted by any and all licenses issued under this Ordinance, are suspended and inoperative, and shall remain suspended and inoperative between the hours of twelve o'clock midnight and the hour of seven (7) A. M. of the next day, and it shall be unlawful for any licensee under this ordinance to sell or deliver beer, or permit the same to be drunk upon his premises during the said period. Section S. MINORS AND INTOXICATED PERSONS. It shall be unlawful for any retailer to sell or dispose of beer to any person under the age of Eighteen years or to any person who shall appear to be in an intoxicated or disorderly condition, or to allow or permit any intoxicated or disorderly person to come into or remain in or about the premises. Section 9. ALCOHOLIC CONT"PWT. It shall be unlawfuljo manufacture, or sell, or dispose of, or possess for the purpose of sale, beer of any kind or character of an alcoholic content greater than three and two tenths percent (3.2) of alcohol by weight, other than in the manner permitted by the laws of the State of Montana and this Ordinance. Section 10. POLICE MAGLSTRATE' TO REPORT CONVICTIOLS =RUNDER TO THE STATE T30ARD OF E2UALIZATION. In the case of the conviction of any licensee hereunder of any violation.of this ordinance in the Police Court of this City, the Police Magistrate shall within ten (10) days thereafter, whether or not an appeal has been taken from the judgment of conviction, transmit to the State Board of Equaliz- ation of the State of Montana, a certified copy of the record of conviction.