Ordinance 819 - Business Licensesf/7
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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repealed by this Ordinance., Where this Ordinance imposes a greater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
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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.
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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.
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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.
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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.
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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.
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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
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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
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of their principals and of t�e businesses they represent with this
Ordinance. Any non-resident making regular deliveries', of goods,.
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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,
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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.
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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:
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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
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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
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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.
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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.
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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,;�,
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