Ordinance 459 - License and Regulates Sale of Liquor361
ORDINANCE No. 459
AN OF.DTNANCE TO LIC71TSE AND REGULATE THE SALE OF LI!JLTOR AT Rr,TAII,
TTTHIN THE CITY OF KALISPELL, AND PIIOVIDI_NG PENALrI_FS FOR THE VIO-
LATION THEREOF.
BE IT ORDAIN7D 9Y THE COUNCIL OF THE CITY OF KALISP ,LL, MONTANA:
Section 1. The City Council is hereby empowered, authorized and
directed to issue licenses to persons, firms and organizations licen-
sed to sell liquor at retail within the City of Kalispell pursuant
to the provisions of Chapter 84 of the Session Laws of 11ontana, 1937,
and each licensee licensed under the provisions of this ordinance
shall pay annually an annual license fee of Two Hundred and Twenty-
five Dollars (1225.00) per calendar year to the City Treasurer of
the City of Kalispell, except fraternal organizations for which the
license fee shall be -�50.00 per annum, which license shall be in ad-
dition to other license fees chargeable under the Ordinances of the
City of Kalispell and the laws of the State of 11ontana and the United
States.
Section 2. Prior to the issuance of a license the applicant shall
file with the City Clerk an application ir writing containing such
information and statements relative to the applicant and the premises
where the licuor is to be sold as may be provided on forms futnished
by the City of Kalispell.
Section 3. Every 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 per-
sons conducting the business; such license shall be non -transferable
except and only with the cor.sent of the City Council and shall be
posted in a conspicuous place on the premises where the business is
carried on. All licenses shall expire on January first of each ,year.
No person shall be granted more than one license in any year.
'` Section 4. No licensee shall sell, deliver or give away, or cause
or permit to be sold, delivered or given away any liquor to:
1. Any minor actually under the a*e of twenty-one (21) years,
unless such minor is accompanied by his parent or guardian.
2. Any intoxicated person or any person adtually, apparently
or obviously intoxicated.
3. A habitual drunkard.
4. An interdicted person as defined by the laws of the State
of Montana.
Section 5. No liquor shall be sold, offered for sale or given
away upon any premises licensed to sell liquor at retail during the
following hours:
(a) Sunday, from twelve -one o'clock A.M. to one o'clock P.11.
(b) On any other day between twelve -one o'clock A.M. and
eight o'clock A.M.
(c) On any day of a gene-ral or primary election during the
hours when the polls are open.
' Section 6. The Council may upon its own motion and upon complaint
of any person, investigate the action and operation of any licensee
hereunder and shall have power to temporarily suspend and/or per-
manently revoke a license for violation of the laws of the State of
Montana, or any ordinance of the City of Kalispell. ,
Section 7. Any person violating any of the provisions of this
ordinance shall, upon conviction thereof, be punishable by a fine
not exceeding Three Hundred Dollars ($300.00) or by imprisonment not
exceeding ninety days, or by both fine and imprisonment. If any licen-
see, his ar!ents or employee, is convicted of any offense under this
ordinance, his license shall be i*n_mediately revoked.
Section S. Any person who has not been issued a license under
this ordinance, who shall sell or keep for sale any alcoholic liquor,
shall upon conviction thereof be fined not less than Three Hundred
362
Dollars ('300.00) and imprisoned for not more than ninety days, or
both such fine and imprisonment. X
Section 9. `_'.'his being an ordinance immediately necessary for
the preservation of peace, health and safety of the City of Kalis-
pell and the inhabitants thereof, the same is declared an emergency
ordinance and shall take effect and be in full force and effect from
and after its passage and approval.
Unanimously adopted at a meeting of the City Council held on the
12th day of April, 1937, and approved by the Mayor.
J. P. BRUCKIIAMER
Ma yo r
Attest: F.•J. ROBISCHON
City Clerk
State of Lontana )
County of Flathead) ss
I, F. T. Rob13chon, City Clerk of the City of Kalispell,
Montana, do hereby certify that on the 13th day of'Apri.l, 1937,
I posted a copy of the foregoing ordinance in my office and the
same remained so posted for a period of five days and the fore-
going reaord is a true copy of the ordinance as passed by the
City Council.
Dated this 22nd day of April, 1937.
cler o e ity of Kalispell
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