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Ordinance 448 - Regulates Manufacture & Distribution of Beer3) V V 342 Zn ORDINANCE NO. 440 AN ORDINANCE relating to the licensing and regulation of the manufacture, sale, distribution and delivery of beer and other similar beverages, and repealing Ordinance No. 444 relating thereto. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KAISPELL, MONTANA: Section 1. DEFINITION OF TERMS. (a) "Brewer" means any person having a factory or an establishment adopted for the making of beer and engaging in the manufacture of beer. (b) "Wholesaler" means any person selling, distributing, or delivering beer in wholesale or jobbing quantities within the corporate limits of the City of Kalispell, regardless of whether or not their place of business is located within or without the corporate limits of the Clay of Kalispell." I beer to person the or distribution of tothepubliceither draught or inbottle (d) "Club" means any iassaciati;a r -,ind;v1&x9-lscDom sex c0tOf bnBtual entertainment and convenience and shall include the premises occupied or used for any such purpose. (e) "Person" includes every partnership, eo-partnership or association. Section 2. CITY LICENSE REQUIREMENTS Every person who desires to engage in the business of manufacturing, selling, distributing or delivering of beer and other similar beverages in the City of Kalispell under the provisions of this Ordinance, either as brewer, wholesaler, retailer or club, as herein defined, shall first apply for and obtain a license therefore from the City of Kalispell as herein provided, and if such license is granted shall pay therefore an annual license fee as follows: Each "Brewer" Seven Hundred Fifty Dollars( 750.004 Each "Wholesaler" Three Hundred Dollars ( ( 300.00) 200.00) Each -Retailer" Two Hundred Dollars Each "Club" Fifty Dollars (50.00 ) All licenses issued in any year shall expire on the 31st day of Dec- ember 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 application shall be substantially the same form as the form which may be prescribed by the State 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 accompanied 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 acknowledgement of such agency. 343 S-etion 4. ISSUANCE OF LICENSE, DUTIES OF TREASURER. Upon filing of the application prescribed in Section three of this Ordinance, the city Treasurer shall immediately 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 Equal- ization. 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 license and keep all books of account in connection therewith, and all expenses 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 provisions of this Ordinance, either by way of license fees, fines or otherwise, shall be depositied 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 other other expenses necessary for the enforeemtn of this Ordinance, and the carrying out of the provisions hereof. Section 5. NO LICENSE TO BE ISSTJED IN RESIDENTIAL DISTRICT. Wo license shall be issued for any retailer if the business 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 fdree, or which may hereafter be enacted. Section 6. DISPLAY OF LICENSE. All licenses issued under the provisions of this Ordinance shall be at all ties, 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 8. RETAILER REGULATIONS. It shall be unlawful for any retailer or club to purchase or acquire beer from any one except a brewer or wholesaler licensed under the provisions of this Ordinance, or to have, possess or sell beer which has not been purchased from a brewer or wholesaler licensed under this ordinance, or to sell or dispose of beer to any person under the ageof 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 of any retailer. Section 9. ALCOTIOLIC CONTENT It shall be unlawful to manufacture, or sell, or dispose of, or possess for the purpose of sale, beer of any kind or character of an alco$olie content greater than three and two tenths percent (3.8) of alcohol by 344 weight, other than in the manner permitted by the laws of the State of Montana and this Ordinance.. Section 10. POLICE PTAGISTRATE TO REPORT CONVICTIONS TO TH11 STATE BOARD OF EQUALIZTION. In the case of the conviction of any licensee hereunder of any violation of this Ordinance in the Police Court of this City, the Police Magistrate shall within ten (10) days thereafter, whether or not an appeal has been taken from the judgment of conviction, transmit to the State Board of Equalization of the State of Montana, a certified copy of the record of eonvittion. Section 11. REVOCATION AND SUSPENSION OF LICENSE. If any license issued by the State Board of Equalization of the State of Montana, under the provisions of the "Montana Beer Ac$" shall be revoked, or shall be suspended under the provisions of said Act, the companion license issued under the provisions of this Ordinance shall be automatically revoked or suspended for the same period and in the event of such action by the State Board of Equal- ization of the state of Montana, shall, on appeal be modified or set aside, the suspension or revocation of the license issued under the provisions of this Ordinance shall be likewise automatically affected. Section 12. SAME, REVOCATION WHEN. It shall be the duty of the Mayor to revoke any license issued under the provisions of this Ordinance, as provided in Section No. 613 of the Revised Ordinances of the City of Kalispell, if in his opinion at the continuance of the place of business would, be detrimental to public heal1rh and public morals. Section 13. INSPECTION AND REGULATION UNDER POLICE POWERS. Every person, firm, association or corporation licensed under the provisions of this Ordinance, shall be subject to regulation, inspect- ion, control and supervision under the general police powers of the City of Kalispell and all of the Ordinances now in force, or which may hereafter be adopted, in aid of such police power and regulation; and each and every licensee shall be subject to suspension and re- vocation as hereinbefore provided. Section 14. CONSTITUTIONALITY. If any section, sub -section, sentence, clause or phrase of this Ordinance shall be held to be in contravention of the constitutions of the United States or of the State of Montana, or invalid for any reason, the invalidity of such provisions shall in no manner affect the remaining portions of this Ordinance, but every other section, sub -section, sentence, clause or phrase shall be upheld as the legislative will of the City of Kalispell, Montana, to the same extent as though such unconstitutionality or invalid provisions had not been a part of this Ordinance. Section 15. PENALTY FOR VIOLATION. Any person who shall violate any of the provisions of this Ordinance shall be liable to imprisonment in the City Hail of the City of Kalispell for not more than ninety days or to a fine of not more than $300.00, or both such fine and imprisonment. Section 16. ORDINANCE NO. 444 and all other Ordinances and parts of Ordinances in conflict herewith are hereby repealed. 4J Section 17. This Ordinance is hereby declared to be an emergency measure and immediately necessary for the preservation of peace, health and safety of the inhabitants of the City of Kalispell, and ' the same shall become effective immediately upon its passage by the City Council and approval by the Mayor of the City of Kalispell. Passed unanimously by the Council of the City of Kalispell, Montana, this 13thy may of August, 1934, and approved by the Mayor of said City this 13th., day of August, 1934. _Siened. J. P. Bruckhauser Mayor Attest:F. J, Robischon City Clerk. State of Montana ) County of Flathead ( SS City of Kalispell ) I, F. J. Robisohon, City Clerk of the City of Kalispell, Montana, do hereby certify that on the 14th., day of August, 1934, 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 foregoing record is a true copy of the ordinance as passed by the City Council. ' Dated this 20th day of August, 1934. 415� AA-t y erk jL