Ordinance 442 - Enforce Montana Beer Act330
ORDINANCE NO 442
AN ORDINANCE to enforce the "Montana Beer Act" prohibiting
all Acts or Ommissions Prohibited or Declared
Unlawful by the "Montana Beer Act", or by the regulations of
the _State Board of Equalization thereunder, except and save
those ,relating to persons maintaining or operating any railroad
car or train as a common carrier for the Transportation of
passengers; Imposing duties on the Mayor, Chief of Police, Police '
magistrate, and police officers of the City of Kalispell,
Montana, and Extending their Jurisdiction; to license and
regulate the places of business where Beer is sold; Providing
for the disposition of Fines and License fees; and declaring
this Ordinance to be an emergency Measure.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KALISPELL, MONTANA:
SECTION 1. DUTY OF CITY OFFICERS TO ENFORCE "MONTANA BEER ACT"..
The City of Kalispell hereby recognizes the right, among others,
reserved by the "Montana Beer Act" to the several cities and in-
corporated towns of this state to enact ordinances for the enforce-
ment of said Act. To that end the penal provisions of the "Montana
Beer Act" are hereby adopted as the law of the City of Kalispell;
And the Police Court of this City is hereby vested with the juris-
diction, and the duty is hereby imposed upon the Mayor, Chief of
Police, Police Magistrate and Police officers of this City to
enforce the same.
SECTION 2. PROHIBITING ALL, EXCEPT CERTAIN, ACTS OR
OMMISSIONS PROHIBITED BY THE "MONTANA BEER ACT", OR BY REGULATIONS
OF THE STATE BOARD OF EQUALIZATION THEREUNDER. All acts or
O4ssions, except and save those relating to persons maintaining
or operating any railroad car or train as a common carrier for the
transportation of passengers which are prohibited or declared
unlawful.by the "Montana Beer Act" or by such regulations as may
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 3. PENALTIES IN "MONTANA BEER ACT" IN PART ADOPTED
AND IN PART MODIFIED. Violations of Section 8 of said Act for
failure of any brewer, as in said act defined, to make and return
to the Board, as in said Act defined, provided for in Section 7 of
said Act, and violations of Section 16 of this Act, for failure of
any wholesaler, as in said act defined, to make and return to said
Board, provided for in Section 15 of said Act, are subject to the
penalties provided in the "Montana Beer Act"; violations of Section
8 of said act for refusal of any such brewer to all such examinations
as provided for in Section 7 of said Act, or for failure to make
an accurate return according to the manner in said act prescribed,
are subject to a fine of not exceeding Three Hundred Dollars (1300.00)
Violations of Section 16 of such act for refusal of any such whole-
saler to allow such examination as provided for in Section 15 of said
Act, or for failure to make an accurate return, according to the
manner in said act prescribed, are subject to a fine of not exceed-
ing Three Hundred Dollars ($300.00); Any violations of any other
provisions of said Act shall subject the person convicted thereunder
to imprisonment in the City Jail of not More than Ninety (90) days I
or to a fine of not more than Three Hundred Dollars ($300.00) or
both.
SECTION 4. CONCURRENCE WITH FEDERAL LAWS. The City of Kalispell
hereby recognizes that its power to enforce the "Montana Beer Act"
and to license the places of business where beer is sold, is
dependent upon An Act of Congress of the United States declaring
beer and other similar fermented beverages, of an alcoholic content
of at least three and two tenths per cent (3.2%) by weight to be
non -intoxicating; Should the same hereafter be repealed or amended
to the extent of declaring beer of an alcoholic content of less than
-'hree and two -tenths per cent (3.2%) by weight, to be intoxicating,
then this ordinance shall be ineffective.
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SECTION 5. CONCURRENCE WITH STATE LAWS. The City of Kalispell
hereby recognizes that its power to enforce the "Montana Beer Act"
and to license and regulate places of business where beer is sold,
should at all times be exercised in full concurrence with the
exercise of the like power of the Legislative Assembly of the State
of Montana; and to that end, whenever the Legislative Assembly of
the State of Montana shall amend or repeal the "Montana Beer Act"
then the provisions of this ordinance shall apply thereto; but
nothing in this paragraph contained shall be construed as an
abrogation on the part of this City of its right under the "Montana
Beer Act" to license and regulate places of business where beer is
sold, provided that such regulatory license by this city imposed
shall be reasonable and not in excess of the amount imposed by
the State of Montana. And to the same end, whenever the State
Board of Equalization of the State of Montana shall amend or repeal
any regulation which it shall make, or shall make any new or
supplementary regulations, under the "Montana Beer Act" or under
any act amendatory thereof or supplementary thereto, then the
provisions of this ordinance shall apply thereto.
SECTION 6. CONCURRENCE WITH LOCAL OPTION. The City of
Kalispell hereby recognizes that its power to enforce the "Montana
Beer Act" and to license the places of business where beer is sold,
is dependent upon the electors of Flathead County in the exercise of
the right accorded them by said act to determine whether or not
the sale of beer, as herein provided for, shall be permitted within
the limits of said County; and to that end, if such electors should
determine, as therein provided, that the sale of beer as therein
provided for, shall not be permitted within the limits of said
County, then this ordinance shall stand suspended and inoperative
until and unless such electors reverse their decision; and as often
as, and upon every reversal of decision, this ordinance shall stand
either effective or suspended and inoperative in concurrence with
the vote of the electors upon the question of whether or not the
sale of beer, as in said Act provided, shall be permitted within
the limits of said County.
SECTION 7. "MONTANA BEER ACT" DEFINED. The phrase "Montana
Beer Act" as used herein is defined as the Act of the Twenty -Third
Legislative Assembly of the State of Montana entitled "An Act
to Provide for the licensing and regulation of the manufacture
Sale and Distribution of Beer and other Similar Fermented Bever-
ages, and for the Raising and disposition of Revenue therefrom."
SECTION B. CITY LICENSE REQUIREMENT AND AMOUNT OF LICENSE FEES.
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, Montana,
and in exercise of the authority reserved by the "Montana Beer Act"
to the 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, notwithstanding the fact that the person conducting such
place has obtained a license from the State Board of Equalization,
first apply for and obtain a license therefor from said City as
therein provided, and if such license is granted shall pay therefor
an annual license fee as follows:
Each
Retailer
$300.00
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Each
Wholesaler
150.00
Each
Hotel
125.00
Each
Restaurant
100.00
Each
Club
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 9. APPLICATION FOR LICENSE. Every person required by
this ordinance to obtain a license must, before commencing such
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a
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 Equal-
ization of the State of Montana to carry out the provisions of
the "Montana Beer Act" for a like business under said Act, and
must be accompanied by satisfactory evidence that the applicant
is the owner and holder of a subsisting license or permit issued
by the said Board under the provisions of said Act for the same
business and for the same location for which application for City
license is being made. 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 principals acknowledgement of such
agency.
SECTION 10. ISSUANCE OF LICENSE, ENDORSEMENT AND FILING.
Upon the filing of the application prescribed in Section 9 of this
ordinance, accompanied by the evidence required by said section,
and upon payment of the required.license fee, the City Treasurer
shall immediately deliver such application and evidence to the
Mayor and City Council for their approval, and if approved, the
City Treasurer shall deliver to the applicant a license to
carry on the business for which the applicant owns and holds
a subsisting license, or permit, issued by the State Board of
Equalization of the State of Montana, for the business and at
the place therein described, if the same does not vary from that,
mentioned in such application. Such license shall be in
substantially the same form as the license or permit issued to such
applicant for such business at such location by said Board, and
shall refer to this ordinance by its number, and as the "Kalispell
Montana Beer Ordinance". The City Treasurer shall endorse upon each
application and accompanying documents, if any, in his office,
and shall keep an appropriate index thereof, which shall show the
date filed, the name of the applicant, the character and location
of the business, and an appropriate reference to the file number,
if any, by which said application, and accompanying documents, if
any, may be found.
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SECTION 11. NO LICENSE TO ISSUE FOR LOCATION IN RESIDENCE
DISTRICT. No license shall be issued for any such business if the
same is to be conducted in the Residence District as Classified
and defined as the Districts outside of the Boundaries of the Inner
Fire Limits, by virtue of Section 242, Revised Ordinances of the
City of Kalispell, Montana, passed and approved March 5, 1928.
SECTION 12. DISPLAY OF LICENSE. Any and 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 13. 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 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, PROVIDED, HOWEVER, that the prohibition against
permitting beer to be drunk on the premises shall not apply to the
drinking of beer in rooms of bona fide Guests of a hotel within the
meaning of the provisions of this Ordinance.
SECTION 14. POLICE MAGISTRATE TO REPORT CONVICTIONS HEREUNDER '
TO STATE BOARD OF EQUALIZATION. 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
judgement of conviction, transmit to the State Board of Equalization
of the State of Montana, a certified copy of the record of
conviction.
SECTION 15. REVOCATION OR 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 Act"
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
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State Board of Equalization of the State of Montana, shall,
on appeal, be modified or set aside, the suspension or revocation
of the license issued under the provision of this ordinance
shall be likewise automatically affected.
SECTION 16. SAME --REVOCATION, WHEN. It shall be the duty
of the Mayor to Revoke any License issued under the provisions
of this Ordinance, if in his opinion, the continuance of the
Exhibition authorized would be detrimental to public health or
public morals.
SECTION 17. DUTY OF THE CITY TREASURER. The City Treasurer
of the City of Kalispell, shall be charged with the collection
of the licenses herein provided for, and application for
license, accompanied by the fee therefor, shall be filed with
the City Treasurer of the City of Kalispell. The City
Treasurer shall prepare all blanks for application and for
license, and all books of account in connection therewith,
and all expenses in connection with the administration of this
ordinance shall, so far as is possible, be charged against the
funds collected under this ordinance.
SECTION 18. INSPECTION AND REGULATION UNDER POLICE POWER.
Every person, firm, association or corporation licensed under
the provisions of this ordinance, shall be subject to regulation
inspection control and supervision, under the general police
power of the City of Kalispell and all of the ordinances now in
force, or which may be hereafter adopted, in aid of such police
power and regulation; and each and every license shall be subject
to suspension and revocation as hereinbefore provided.
SECTION 19. EXERCISE OF GENERAL POLICE POWER--DISTRIAi1TION
OF MONEYS COLLECTED. It is hereby declared that the business of
selling beer within the City of Kalispell, Montana, requires
special regulation, inspection, control and protection under
the general police power of said City, and, on account of such
special.service, it is estimated that there is chargeable to
such business, all of the costs of administration and control
of this ordinance. That all of the funds paid or collected under
the provisions of this ordinance shall be deposited and kept in
a special fund of the City of Kalispell, to be known as a
"Contingent Fund, for the Protection of Public Morals on account
of Sale of Beer Fund". There shall also be deposited in said
fund, all fines and penalties collected or paid under this
ordinance into the Police Magistrate's Court, and from the money
so collected, paid or deposited, shall be paid the expense of
printing all forms necessary to carry out the provisions of this
ordinance.
SECTION 20. CONSTITUTIONALITY. If any section, sub -section,
sentence, clause or phrase of this ordinance shall be held to be
in contravention of the Constitution 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 21. REPEALS. All ordinances or parts of ordinances
in conflict with the provisions of this ordinance are hereby
repealed.
SECTION 22. EMERGENCY MEASURE AND EFFECTIVE DATE. This ordinance
is hereby declared to be an emergency measure and immediately
necessary for the preservation of peace, health, and safety, and the
provisions hereof shall become effective immediately upon its
passage and approval.
PASSED by the Council of the City of Kalispell, Montana, This 27th
day of March, 1933, and Approved by the Mayor of said City this 27th
day of March, 1933.
J. P. Bruckhauser Mayor.
Attest: I. D. Rognlien, City Clerk
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State Board of Equalization of the State of Montana, shall,
on appeal, be modified or set aside, the suspension or revocation
of the license issued under the provision of this ordinance
shall be likewise automatically affected.
SECTION 16. SAME --REVOCATION, WHEN. It shall be the duty
of the Mayor to Revoke any License issued under the provisions
of this Ordinance, if in his opinion, the continuance of the
Exhibition authorized would be detrimental to public health or
public morals.
SECTION 17. DUTY OF THE CITY TREASURER. The City Treasurer
of the City of Kalispell, shall be charged with the collection
of the licenses herein provided for, and application for
license, accompanied by the fee therefor, shall be filed with
the City Treasurer of the City of Kalispell. The City
Treasurer shall prepare all blanks for application and for
license, and all books of account in connection therewith,
and all expenses in conneetion.with the administration of this
ordinance shall, so far as is possible, be charged against the
funds collected under this ordinance.
SECTION 18. INSPECTION AND RFGTTLATION UNDER POLICE POWER.
Every person, firm, association or corporation licensed under
the provisions of this ordinance, shall be subject to regulation
inspection control and supervision, under the general police
power of the City of Kalispell and all of the ordinances now in
force, or which may be hereafter adopted, in aid of such police
power and regulation; and each and every license shall be subject
to suspension and revocation as hereinbefore provided.
SECTION 19. EXERCISE OF rENERAL POLICE POWER--DISTRI9T)TION
OF MONEYS COLLECTED. It is hereby declared that the business of
selling beer within the City of Kalispell, Montana, requires
special regulation, inspection, control and protection under
the general police power of said City, and, on account of such
special,service, it is estimated that there is chargeable to
such business, all of the costs of administration and control
of this ordinance. That all of the funds paid or collected under
the provisions of this ordinance shall be deposited and kept in
a special fund of the City of Kalispell, to be known as a
"Contingent Fund, for the Protection of Public Morals on account
of Sale of Beer Fund". There shall also be deposited in said
fund, all fines and penalties collected or paid under this
ordinance into the Police Magistrate's Court, and from the money
so collected, paid or deposited, shall be paid the expense of
printing all forms necessary to carry out the provisions of this
ordinance.
SECTION 20. CONSTITUTIONALITY. If any section, sub -section,
sentence, clause or phrase of this ordinance shall be held to be
in contravention of the Constitution 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 21. REPEALS. All ordinances or parts of ordinances
' in conflict with the provisions of this ordinance are hereby
repealed.
SECTION 22. EMERGENCY MEASURE AND EFFECTIVE DATE. This ordinance
is hereby declared to be an emergency measure and immediately
necessary for the preservation of peace, health, and safety, and the
provisions hereof shall become effective immediately upon its
passage and approval.
PASSED by the Council of the City of Kalispell, Montana, This 27th
day of March, 1933, and Approved by the Mayor of said City this 27th
day of March, 1933.
J. P. Bruckhauser Mayor.
Attest: I. D. Rognlien, City Clerk
STATE OF MONTANA,))
COUNTY OF FLATHEAD) SS.
CITY OF KALISPELL )
I, I. D. Rognlien, City Clerk of the City of Kalispell, Montana,
do hereby certify that on the 28th day of March, 1933, 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 IS(ltday of April, 1933 P
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