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Ordinance 819 - Business Licensesf/7 328,,/_/, ed OVo V. z7f >973 ORDINANCE NO. 819 AN ORDINANCE TO PROVIDE FOR A GENERAL LICENSING OF BUSINESSES WITHIN THE CITY AND DEFINING THE TERMS USED THEREIN; PROVIDING FOR APPLICA- TIONS FOR SUCH LICENSES AND ISSUANCE BY THE CITY TREASURER; PROVIDING FOR TERMINATION AND REVOCATION OF LICENSES AND TRANSFER AND CHANGES OF LOCATION; PERMITTING REASONABLE INSPECTIONS BY THE CITY OF PREMISES AND COMMODITIES OR MATERIALS; REQUIRING COMPLIANCE AND IMPOSING PENALTY FOR VIOLATION; LICENSING OF SPECIAL SALES AND BRANCH ESTABLISHMENTS; PROVIDING FOR AUTHORITY AND DUTIES OF CITY TREASURER AS CITY LICENSING OFFICER; PROVIDING FOR CONFIDENTIAL CHARACTER OF LICENSING INFORMATION; REQUIRING DISPLAY OF LICENSE AND INSIGNIA BY LICENSEES AND PRODUCTION FOR INSPECTION UPON REASONABLE REQUEST; SETTING LICENSE FEES; EXEMPTING APPLICATION TO ALCOHOLIC BEVERAGE BUSINESSES; PROHIBITING PEDDLERS EXCEPT WITH COUNCIL PERMISSION AND PROVIDING PENALTY FOR VIOLATORS; SEVERANCE CLAUSE; REPEAL OF CONFLICTING ORDINANCES; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA, AS FOLLOWS: SECTION 1. SHORT TITLE. This Ordinance shall be known and may be cited as the "General Licensing Ordinance of the City of Kalispell." SECTION 2. SCOPE. It is not intended by this Ordinance to repeal, abrogate, annul or in any way impair or interfere with, the existing provisions of other laws or ordinances, except those specifically repealed by this Ordinance., Where this Ordinance imposes a greater restriction upon persons, premises or personal property than is imposed or required by such existing provisions of law, ordinance, contract or deed, the provisions of this Ordinance shall control. This Ordinance is enacted under the powers set forth in Sections 11-903, 11-904 and 1.1-918, Revised Codes of Montana, 1947. SECTION 3. DEFINITIONS. For the purposes of this Ordinance, the following terms, phrases, words, and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. �'A. "Business" is meant to include all kinds of vocations, occupations, professions, enterprises, establishments, and all other kinds of activities and matters, together with all devices, machines,.vehicles and appurtenances used therein, any of which are conducted for private profit, or benefit, either directly or indirectly, on any premises in this City, or anywhere else within 329 its jurisdiction, except those that may be excluded by law. S. "City" is the' City of Kalispell. C. "City Council" is the City Council of the City of Kalispell. D. "City.License Officer" or License Officer is the treasurer of the City of Kalispell. ' E. "Insignia" or its singular number "insigne" is a tag, plate, badge, emblem, sticker, or any other kind of device which may be required for any use in connection with any license. F. "Itinerant Merchant" is any person who travels from place to place and who carries with him goods, wares and mer- chandise or photographs, catalogues or other descriptions thereof, and vends the same or takes orders for the same and who carries on such vending or taking of orders from temporary quarters or from a mobile vehicle; except, however, a producer of agricultural products raised by himself within Flathead County or the manufacturer of any article by himself within Flathead County and, except further, any such traveling person ' who sells to or takes orders from only other licensees Within the city on a wholesale basis for resale by such other licensee, is not included within this definition. G. "License" or "'license" as used generally herein, shall include respectively the wards "permit" or "permitee" or the holder for any use or period of time of any similar privilege, wherever relevant to any provision of this Ordinance or other law or ordinance. H.. "Person" is meantito include individual natural persons, partnerships, joint adventures, societies, associations, clubs, trustees, trusts, or corporations; or any officers, agents, employees, factors, or any kind of personal representatives of any thereof, in any capacity, acting either for himself, or for any other person, under either personal appointment or pursuant. to law. • 2 - 330 I. "Premises" is meant to include all lands, structures, places, and also the equipment and appurtenances connected or used therewith in any business,, and also any personal property which is.either affixed to, or.is otherwise used in connection with any such business conducted on such.premises. SECTION 4. Applications. A. Applications. Applications for all licenses,and permits required by ordinance shall be made in writing to the city treasurer in the absence of provision to the contrary., Each application shall state the name of the applicant, the permit or license desired, the location to be used, if any, the time covered and the fee ,to be paid; and each application shall con- tain such additional information as may be needed for the proper guidance of the city officials in the issuing of the permit or license applied for. B. Forms. Forms for all licenses and permits,,and applica- tions therefor, shall be prepared and kept on file by the city treasurer. C. Signatures. Each license or permit issued shall bear the signature of the city treasurer in the absence of any pro- vision to the contrary. D. Fees. In the absence of provision to the contrary all fees and charges for licenses or permits shall be paid in advance at the time application therefor is made to the city treasurer. When an applicant has not engaged in the business until after the expiration of part, of the current license year the license fee shall be prorated by quarters and the fee paid for each quarter or fraction thereof during which the business has been ' or will be conducted, Except as otherwise provided, all license fees collected shall become a part of the general fund. -3- 331 E. Termination of Licenses. All annual licenses shall terminate on the last day of the calendar year in which they were issued, where no provision to the contrary ip made. Any temporary permits issued hereunder shall expire as provided when same are issued. The city treasurer shall, beginning in 1974, mail to all licensees of the city a statement of the time of expiration of the license held by the licensee, if an annual, at least three weeks prior to the date of such expiration and application forms for renewad. Provided, that a failure to send out such notice, or the failure of the licensee to receive it shall not excuse the licensee from a failure to obtain a new license, or a renewal thereof, nor shall it be a defense in an action for operation without a license.. F. 'Building and Premises. No license shall be issued for the conduct of any business, and no permit shall be issued for any thing, or act, if the premises and building to be used for the purpose do not fully comply with the requirements of the city. ' No such license or permit shall be issued for the conduct of any business or performance of any act which would involve a viola- tion of the zoning ordinance of the city. .G. Change of Location.; The location of any licensed busi- ness or occupation, or of any permitted act, may be changed, provided, ten days' written notice thereof is given to the city treasurer, in the absence of any provision to the contrary; provided, that the building and zoning requirements of the city are Complied with. H. Nuisances. No business, licensed or not, shall be so conducted or operated as to amount to a nuisance in, fact or con- trary to the zoning ordinances of the city. .,4_ 332 I. Inspections. Whenever inspections -of the premises used for or in connection with the operation of a licensed business or occupation are provided for or required by ordinance, or are reasonably necessary to secure compliance with any sanitation ordinance provision or to detect violations thereof, it shall be the duty of the licensee, or the person in charge of the pre- mises to be inspected, to admit thereto for the purpose of making the inspection, any officer or employee of the city who is authorized or directed to make such inspection at any reasonable time that admission is requested. Whenever an analysis of any commodity or material is reason- ably necessary to secure conformation with any ordinance provi- ,-sion or to detect violations thereof, it shall be the duty of the licensee of the municipality whose business is governed by such provision to provide to any authorized officer or employee of the city requesting the same sufficient samples of such material or commodity for such analysis upon request. In addition to any other penalty which may be provided, the mayor may revoke the license of any licensed proprietor of any licensed business in the city who refuses to permit any such officer or employee who is authorized to make such inspection or take such sample to make the inspection, or take an adequate sample of the said commodity, or who interferes with such officer or employee-while-in"the performance of -his duty in making such inspection. Provided, that no license shall be revoked for such cause unless written demand is first made upon the licensee or person in charge of the premises, in the name of the city, stating that such inspection or sample is desired at the time it is sought to make the inspection or obtain the same and such license has had a reasonable time to comply with such demand and refuses ' or neglects to do so. 333 J. Revocation. Any license or permit for a limited time may be revoked by the mayor at any time during the life of such license or permit for any violation by the licensee or permittee Of the ordinance provisions relating to the license or permit, the subject matter of the license or permit, or to the premises ' occupied; such revocation may be in addition to any fine imposed. K. Renewal. ,Any license issued hereunder may be renewed by mail upon submission of the appropriate application form fully executed and the required fee. SECTION 5. Compliance. A.. Compliance Required. It shall be unlawful for any person, either directly or indirectly, to conduct any business or non- profit enterprise, or to use(in connection therewith any vehicle, premises, machine or device,'in whole or in part, for which a license, or permit, is required by any law or ordinance of this City, without a license, or permit therefor being first procured ' and kept in effect at all such times as required by this Ordinance or, other law or ordinance of`this city. B. Special Sales. This Ordinance shall apply to all busi- ness in the nature of special sales for which a license is re- quired by any law or ordinance of this City and it shall be un- lawful for any person, either directly or indirectly, to conduct any Much sale except in conf'rmity with the provisions of thin Ordinance. C. Agents Responsible for Obtaining License. The agents or other representatives of non-residents who are doing business in this City shall be perso4 lly responsible for the compliance ' of their principals and of t�e businesses they represent with this Ordinance. Any non-resident making regular deliveries', of goods,. +6- 334 F wares, and merchandise to residences in the city must be licensed in accord with this ordinance. D. Separate License for Branch Establishments. A license shall be obtained in the manner prescribed herein for each branch establishment or location of the business engaged in, as if each such branch establishment or location were a separate business; ' provided that warehouses and distributing plants used in connec- tion with an incidental to a business licensed under the provisions of this Ordinance shall not be deemed to be separate places of business or branch establishments. Any other premises shall be deemed a branch establishment or separate place of business for the purposes of this Ordinance when there is a representative of the owner or the owner's agent on said other premises who is authorized to transact business for such owner or owner's agent or there is a regular employee of the owner or of the owner's agent working on the other premises. E. Joint License. A person engaged in two or more similar businesses at the same location shall not be required to obtain separate licenses for conducting each of such businesses but, when eligible, shall be issued one license which shall specify on its face all such businesses, F. Common Occupancy. Whenever two or more persons or bus- inesses occupy the same premises and carry on therein separate businesses, each said business shall have a separate license therefore. G. No License Required for More Delivery. No license shall be required of, any person for any mere delivery in the City of any property purchased or acquired in good faith from such person at his regular place of business outside the City where no intent by such person is shown to exist to evade the, -7- 335 provisions of this Ordinance, except as hereinabove provided. H. Circuses, Etc. This Ordinance shall apply to all circuses, carnivals, and exhibitions in the City and within three miles thereof. ' SECTION 6. License Officer. The City Treasurer shall be the City License Officer and shall collect all license fees and shall issue licenses in the name of the City to all persons qualified under the provisions of this Ordinance ands A. Make Rules. Shall ,,promulgate and enforce all reasonable rules and regulations necessary to the operation and enforcement of this Ordinance. B. Adopt Forms. Shall adopt all forms and prescribe the information to be given therein as to character and other rele- vant matter for all necessary papers. C. Require Affidavits. May require applications to submit any, affidavits and oaths deemed necessary to the administration of this Ordinance. D. Obtain Endorsement, May submit all applications, in a proper case, to interested Gity officials for their endorsements thereon as to compliance by�the applicant with all City regula- ttons which they have the duty of enforcing. E. Investigate. May investigate and determine the eligibi- lity of any applicant for a'license as prescribed herein prior to issuing same, i F. Examine Records. Nay examine the books and records of any applicant or licensee when reasonably necessary to the admin- ' :istration and enforcement of this Ordinance, after written demand for any information gecessary has been made of such licensee and same has been xefuspd. -8- 336 G. Give Notice. Shall notify any applicant of the acceptance or rejection of his application and shall, upon his refusal of any license or permit, at the applicants request, state in writing the reasons therefor and deliver them to the applicant. H. Information Confidential. The License Officer shall keep all information furnished or secured under the authority of this Ordinance in strict confidence.- Such information shall not be subject to public inspection and shall be kept so that the contents thereof shall not become known except to the persons charged with the administration of this Ordinance. However, the mayor, members of the city council and other city officers and employees may have access to said information if a need to know exists in the course of fulfilling the duties or obligations of their office of employment. SECTION 7. Display of License and Insignia. A. All licenses issued hereunder shall be prominently dis- played upon the premises licensed, attached to the vehicle or machine licensed, or, if issued to a person only having no place of business, carried by such person.when engaged in the business or occupation for.which licensed. All licenses issued shall be produced for inspection upon reasonable request by the city licensing officer or enforcing officer. B. Whenever the number of devices, machines and/or vehicles used is the basis of a license fee, the city treasurer shall furnish each licensee with a tag or sticker for each device, machine and/or vehicle covered by the license, and such tag or sticker shall be posted in a conspicuous place on each such device, machine and/or vehicle while it is in use. ' SECTION 8. License Fees. Licensee fees shall be as follows: - 9 337 A. All businesses engaged in retail or wholesale, sale and distribution of goods, wares and merchandise: $ 24.00 B. All professional offices (including physicians, surgeons, accountants, architects, dentists, chiropodists, osteopaths); for each such professional person in said office more than two, each $6.00: $ 36.00 C. All businesses engaged in catering or dispensing prepared food for on -premises consumption or from driveins for human consumption: $ 24.00 D. Public utilities (including electric power, telephone, natural gas, cable TV antenna, water): $300.00 E. All businesses of an entertainment nature .(including theatres, TV, radio stations, athletic shows, bowling alleys, dance halls, card rooms, pool halls) except circuses.or carnivals and exhibitions: 1120.00 ' F: Circuses, carnivals or exhibitions, per day r of operation (no other license shall be required): $ 50.00 G. All businesses engaged in construction and in the manufacturing, processing, or packaging of goods, wares and merchandise (if said business is also engaged in the city in the wholesale or retail sale of the products manufactured, no additional license for such sale shall be required): $ 36.00 H. All service businesses and private clubs (including insurance -agencies, advertising, barber and btauth shops, real-estate soles and brokerage officers cleaners, acutioneers, repair shops, adjusters, personal counselling, printing, abstractors, travel agencies and private clubs having.clubrooms): 24.00 _ - 10 338 i. Financial businesses (banks and savings and loan businesses, but excluding small loan type finance companies): $100.00 J. Small loan and finance companies and pawn. brokers: . $100.00 K. Taxi, trucking, drayage and towing and storage businesses: $ 24.00 For each vehicle over two, add $6.00 for each additional vehicle. L. Hospitals and nursing homes: $ 60.00 M. Hotels, motels and apartment houses and rooming houses: $ 24.00' For each unit over 4 add $2.00 per unit. N. Amusement devices, vending machines and port- able dispensing vehicle, each machined $ 1.00 O,!.,Railroads: $300.00 P. Garbage collectors (as authorized by the city)$120.00 Q. itinerant merchants, per days $ 25.00 R. Bus lines $ 50.00 It is the intent of this ordinance that all industries, pursuits, professions and occupations except educational and religious establish- ments, carried on or conducted within the city, whether for profit or not, be required to pay a license fee,to the City unless exempt therefrom by law. Failure of the above listed examples to include any specific industry not excluded by law shall not exclude same from the license requirements hereby established. Any, licensee ' whose business or operation is included in more than one dis- similar licensing -requirement as set forth herein, shall be re- quired to obtain separate licenses for each such function -11- . 339 or operation as if same was the sole business, etc., carried on such premises, unless exempt therefrom by law. SECTION 9. Alcoholic Beverages. Licensing for dispensing of alcoholic beverages shall be governed by those portions of the City Code dealing specifically with alcoholic beverages. Licensees thereunder shall not ' be required to obtain licenses provided for under this ordinance except as other portions of the business of such licensees may require, such as, service of food and operation of amusement devices or vending machines. Sales only by such licensee of tobacco producis, candy, gum and miscellaneous snacks and appetisers not generally associated with sale of prepared food, shall not require additional licensing as a flood dispenser; if such items are dispensed by coin operated.vending mach- ines such machines shall require' licensing as provided in Section 8 hereof. SECTION 10. Peddlers. A. It shall be unlawful for any person, firm or corporation to hawk or peddle any merclWndise, article or thing.on any street, ' sidewalk,.park, parkway or in any other public place unless per- mission to do so has been granted by the City Council at a regular meeting•thereof. Any such permission may be revoked by the mayor without notice upon just cause therefor. B. Penalty, Any person, firm or corporation violating any provision of this article %hall be fined not less than five dollars nor more than two hundred dollars for each offense; and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues. SECTION 11. Transfer. No license shall be transferred without written consent from the Mayor as evidenced by an endorsement on the facia of. ' the license by the.city treasurIr showing to whom the license is transferred and the date of the ;transfer. 34® c -y M . SECTION 12. Enforcement. The City Licensing Officer shall have authority to make any and all investigations reasonably necessary for the enforcement of this ordinance. The chief of police shall examine all premises, things and persons required hereby to have and display licenses issued by the city and enforce all provisions of the ordinance. It shall be the duty of the chief of police to make any investigations of violations of this ordinance as may be requested by the.City Licens Officer and report to the City Licensing Officer the results thereof. SECTION 13. Penalty. It is unlawful for any person required hereby to have a license to wilfully carry on any business, occupation or pursuit in the city without having such license, or, being duly licensed hereunder to do or perform or fail to do or perform any other act prohibited or required hereby. Failure to have any license re- quired hereby shall be prima facie evidence that such failure is wilfull. `Violation of this ordinance shall be punishable, after conviction thereof; as provided in Section 1-9 of the Kalispell City Code. Each day of such violation shall be a separate offense. ' SECTION 14. Severance Clause. If any section, sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses or phrases of this ordinance, or the ordinance.as an entirety, it being the legislative intent that this ordinance shall stand notwithstanding the invalidity of such section, sentence, clause or phrase. SECTION.15. Repeal of Conflicting Ordinances. All provisions of Chapter 15, Kalispell City Code, including those portions thereof adopted from the Revised Ordinances of 1947, by Ordinance 704, and Ordinance 686, and all other ordinances of the City of Kalispell in conflict herewith are hereby repealed. -13- 341 SECTION 16. Effective Date. This Ordinance shall be in full force and effect on January 1, 1974 PASSED BY T CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA, AND APPROVE BY E MAYOR T S 19th DAY OF November 1973. I I, George Beardslee, City Clerk of the CI on the 2lst day of November ordinance in my office, and the same rem I ' the foregoing is a true and correct copy. City Council. lispell, Mo a , do certify that I posted y of the foregoing to period of five days, and rdinanc s passed by the M,of,;�, 7-7_3