CHAPTER 1: BUSINESS LICENSES GENERALLY

CHAPTER 2: ALCOHOLIC BEVERAGES

CHAPTER 3: TRADE STIMULATORS; STAMP TAX

CHAPTER 4: PAWNSHOPS, SECONDHAND SHOPS AND JUNK SHOPS

CHAPTER 1

BUSINESS LICENSES GENERALLY

BUSINESS: Any and all industries, pursuits, commercial enterprises, occupations, professions and avocations, except those carried on in a temporary manner by a religious, charitable, fraternal, educational or like nonprofit organization solely as projects for fund raising.

CITY: The city of Cut Bank, a municipal corporation of the state of Montana, county of Glacier.

COUNCIL: The city council of the city of Cut Bank.

EMPLOYEE: All owners, proprietors, partners, managers, salesmen or employees engaged in or associated directly with the management and conduct of the business concerned.

NONPROFIT ORGANIZATION: Any association, firm or corporation organized for religious, charitable, educational, civic, scientific or literary purposes which does not contemplate the distribution of pecuniary gains, profits or dividends to its members.

PERSON: Any individual, firm,, association, partnership or corporation.

YEAR: A calendar year beginning January 1 and ending December 31. (Ord. 6.16, 12-20-2004)

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4-1-2: LICENSE REQUIRED; FEES; TERM:

A. License Required: For the protection and general welfare of the inhabitants of the city, it is hereby declared that every business conducted within the city shall be subject to the police power of the city and, accordingly, no person shall engage in business in the city without first obtaining a license as hereinafter provided, unless such person is expressly made exempt by the laws of the state from such licensing authority by the city.

B. Schedule Of Fees: Annual license fees for businesses shall be as follows:

1. For all businesses except those listed below, the annual license fee shall be twenty five dollars ($25.00).
2. For transient/itinerant/door to door retail merchants, the license fee shall be forty dollars ($40.00).
3. For home businesses, the license fee shall be twenty five dollars ($25.00).
4. There shall be no proration of license fees for home businesses, itinerant vendors or transient retail merchants.

C. License Renewal: All licenses shall expire on December 31 of the year in which the license is issued, unless otherwise specified.

D. Manner Of Payment: All licenses herein provided for are payable in advance to the city clerk-treasurer. In no case shall the license be granted for longer than one year. No license fees will be prorated. (Ord. 6.16, 12-20-2004)

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4-1-3: BUSINESSES EXEMPT FROM FEES:

All businesses within the city limits shall obtain a business license. However, all businesses identified on schedule A attached to ordinance 6.16 on file in the office of the city clerk-treasurer are exempt from paying business license fees by Montana law and, therefore, shall not be required to pay a business license fee. (Ord. 6.16, 12-20-2004)

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4-1-4: DUTIES OF CLERK-TREASURER:

A. Generally: The city clerk-treasurer shall collect all fees for the licenses required by this chapter. The city clerk-treasurer shall procure blanks for applications, books of account, receipts and license forms used in connection with the issuance of business licenses.

B. Application For License; Contents: All businesses required to be licensed by this chapter shall make application in writing, which application shall contain the following information:

1. The full business name, permanent address and phone number of applicant.
2. Brief description of the nature of the business.
3. The location or locations of the business in the city, giving the street address and phone number of each location and the name of the person in charge at each location.
4. The number of local employees of the business, including owners, partners, proprietors and managers.
5. The length of time the right to do business is desired, when applicable. (Ord. 6.16, 12-20-2004)
6. The endorsement of the city building inspector or city superintendent evidencing that the location sought to be licensed does not violate the city zoning and building ordinances; provided, however, that such endorsement shall not be required on an application for renewal of a license.
7. If the party actually applying for a license is the agent or representative of the applicant, the full name, address and phone number of said agent or representative, and the full name, address and phone number of the principal, if different than that of the applicant.

C. Issuance Or Denial Of License: It shall be the duty of the city clerk-treasurer to issue a license within thirty (30) days upon presentation of a properly completed application blank, together with tender of the appropriate license fee payable in advance, unless an inspection by the county health officer, city sanitary inspector, fire inspector, building inspector or city superintendent indicates a violation of a city ordinance or state law or regulation existing at the place of business sought to be licensed, in which case a written description of said violation specifying the steps necessary to qualify the premises for license shall be furnished to the applicant by the city clerk-treasurer. (Ord. 6.16, 12-20-2004; amd. Ord. 2.32)

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4-1-6: FAILURE TO RENEW; LATE CHARGE:

Failure to renew the license shall result in the following delinquent charges:

A. If a resident license is not paid prior to March 1 of the year due, an additional charge of five dollars ($5.00) will be assessed, and an additional five dollars ($5.00) will be added for every thirty (30) day period beyond April 1.

B. A nonresident vendor, merchant or contractor business license fee is due on opening day of such business and subject to a ten dollar ($10.00) penalty if not paid within thirty (30) days of initial opening and an additional five dollars ($5.00) for every thirty (30) day period beyond the initial thirty (30) days.

C. Nothing contained in this section shall prohibit the city from suspending or revoking a business license for failure to renew said license within twelve (12) months after the date the license fees were due. (Ord. 6.16, 12-20-2004)

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4-1-7: SEPARATE LICENSE FOR MULTIPLE BUSINESSES, BRANCH ESTABLISHMENTS:

A. Multiple Businesses: Any person licensed by the city conducting more than one business at the time of license application shall be required to purchase a license for each business that they operate.

B. Branch Establishments: A license shall be obtained in the manner herein provided for each branch establishment or location of a business; provided, however, that warehouses and distributing plants used in connection with and incidental to a licensed business, where no sales are made, shall not be deemed to be a branch establishment. Drive-in banking locations are not considered separate locations for existing banking institutions. (Ord. 6.16, 12-20-2004)

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4-1-8: CHANGE OF LOCATION:

A licensee shall have the right to change the location of the licensed business, provided the new location complies with the requirements of the ordinances of the city. (Ord. 6.16, 12-20-2004)

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4-1-9: POSTING REQUIRED:

Every license issued under the provisions of this chapter shall be posted in a conspicuous place on the premises where the business is conducted, and any license for a business without a fixed place of business shall be carried upon the person of the licensee and shall be shown to any resident of the city or city official upon demand. (Ord. 6.16, 12-20-2004)

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4-1-10: UNLAWFUL BUSINESSES:

The provisions of this chapter shall not be construed to grant permission to carry on or conduct any unlawful business or to conduct any business in an unlawful manner or to grant immunity to any business from lawful regulation and control. (Ord. 6.16, 12-20-2004)

4-1-11: REFUSAL TO ISSUE; LICENSE REVOCATION:

Whenever the city council shall deem it best for the public interest to do so, it may, by resolution passed by a majority vote of the city council and approved by the mayor and attested by the city clerk, refuse to authorize the issuance of any license herein provided for, and the city council hereby expressly reserves, by resolution or affirmative vote of a majority of the city council and approved by the mayor and attested by the city clerk-treasurer, the right to revoke any and all licenses that may have been issued as herein provided when it shall deem best for the public interest to do so. (Ord. 6.16, 12-20-2004)

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4-1-12: VIOLATION; PENALTY:

Whenever the city council shall deem it best for the public interest to do so, it may, by resolution passed by a majority vote of the city council and approved by the mayor and attested by the city clerk, refuse to authorize the issuance of any license herein provided for, and the city council hereby expressly reserves, by resolution or affirmative vote of a majority of the city council and approved by the mayor and attested by the city clerk-treasurer, the right to revoke any and all licenses that may have been issued as herein provided when it shall deem best for the public interest to do so. (Ord. 6.16, 12-20-2004)

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CHAPTER 2
ALCOHOLIC BEVERAGES

1. Each beer retailer, one hundred dollars ($100.00).
2. Each retailer of beer and wine, two hundred dollars ($200.00).

Each retailer of beer, wine, and liquor, a sum equal to five-eighths (5/8) of the fee for an all beverage license collected by the Montana department of revenue, three hundred twelve dollars fifty cents ($312.50). (Ord. 11.00; amd. 2006 Code)

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4-2-4: APPLICATION FOR LICENSE:

Every person required by this chapter to obtain a license shall follow the application procedures required by the Montana department of revenue. The application shall be accompanied by the license fee as required in section 4-2-3 of this chapter, and if the applicant is an agent, such applicant shall accompany the application with principal's acknowledgement of such agency. (Ord. 11.00; amd. 2006 Code)

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4-2-5: ISSUANCE OF LICENSE; RECORDS KEPT:

Upon approval of an applicant's license by the Montana department of revenue, and timely payment of all state and city licensing fees, the city shall issue to the applicant a receipt acknowledging payment of all city fees which shall constitute a city license. The city clerk-treasurer shall keep a copy of this chapter in his or her office, and shall keep appropriate records of city licenses issued, including the date filed, name of applicant, character and location of the business, and reference to the file number, if any. (Ord. 11.00; amd. 2006 Code)

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4-2-6: TERM OF LICENSE; EXPIRATION:

Each license shall be issued for a one year period to begin on July 1 and to expire at midnight of June 30 of each succeeding year. All licenses issued in any year shall expire at midnight of June 30 following the date of issuance of such license. (Ord. 11.00; amd. 2006 Code)

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4-2-7: TRANSFER OF LICENSE:

Before a transfer of any license may be made, an application to the city, accompanied by satisfactory evidence of an approval of the transfer of the license issued by the Montana department of revenue, shall be provided. (Ord. 11.00)

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4-2-8: DISPLAY OF LICENSE:

Any and all licenses issued under the provisions of this chapter shall be, at all times, prominently displayed in the place of business of such licensee. (Ord. 11.00)

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4-2-9: DAYS AND HOURS OF SALES; BUSNIESS RESTRICTIONS:

A. Days And Hours Established: All licensed establishments wherein alcoholic beverages are sold, offered for sale or given away at retail shall be closed on any day between two o'clock (2:00) A.M. and eight o'clock (8:00) A.M.

B. Presence On Premises: During such hours, all persons except the alcoholic beverage licensee and employees of such licensed establishment shall be excluded from the licensed premises.

C. Sales Prohibited; Certain Businesses Exempt From Closing Hours: During the hours when the licensed establishments where alcoholic beverages are sold at retail are required by this chapter to be closed, it shall be unlawful to sell, offer for sale, give away, consume, or allow the consumption of alcoholic beverages. When an establishment licensed to sell alcoholic beverages is operated in conjunction with a hotel, restaurant, bus depot, railway terminal, grocery store, pharmacy, or other lawful business other than that of the sale of alcoholic beverages, then such other lawful business need not be closed.

D. Consumption Prohibited: No alcoholic beverages shall be consumed, or allowed to be consumed upon or in any premises licensed to sell beer or liquor at retail during the hours set out in subsection A of this section.

E. Violation; Penalties: A violation of any of the provisions of this section shall be deemed a misdemeanor and, upon conviction, the offender shall be subject to penalty as provided in section 1-4-1 of this code; the persons acting as servants, employees, or agents shall be severally liable in the same manner as their employer or principals. (Ord. 11.04; amd. 2006 Code)

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4-2-10: UNDERAGE PERSONS:

A. Possession Of Alcoholic Beverages:

1. A person who has not reached the age of twenty one (21) years commits the offense of possession of an alcoholic beverage if he or she knowingly has in his or her possession an "alcoholic beverage", as defined by the Montana Code Annotated 16-1-106, except a person who has not reached the age of twenty one (21) years does not commit the offense of possession of an intoxicating substance when in the course of his or her employment, he or she bags, carries or transports beer for customers at a grocery store.
2. A person convicted of the offense of possession of an alcoholic beverage shall be subject to penalty as provided in Montana Code Annotated section 45-5-624. (Ord. 10.12; amd. 2006 Code)

B. Sales To Prohibited:

1. Prohibitions:

   a. Except in the case of an alcoholic beverage provided in a nonintoxicating quantity to a person under twenty one (21) years of age by his parent or guardian, physician or dentist for medicinal purposes, a licensed pharmacist upon the prescription of a physician, or an ordained minister or priest in connection with a religious observance, a person may not sell or otherwise provide an alcoholic beverage to a person under twenty one (21) years of age.
   b. A parent, guardian, or other person may not knowingly sell or otherwise provide an alcoholic beverage in an intoxicating quantity to a person under twenty one (21) years of age.
   c. For the purposes of this subsection, "intoxicating quantity" means a quantity of an alcoholic beverage that is sufficient to produce:
       (1) A blood, breath, or urine alcohol concentration in excess of 0.05; or
       (2) Substantial or visible mental or physical impairment.

2. A person convicted of a violation of this subsection shall be fined not to exceed five hundred dollars ($500.00) or be imprisoned in the county jail for any term not to exceed six (6) months, or both. A person convicted of a second violation of this subsection shall be fined not to exceed one thousand dollars ($1,000.00) or be imprisoned in the county jail for any term not to exceed six (6) months, or both. (Ord. 10.16; amd. 2006 Code)

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4-2-11: DRINKING IN PUBLIC; PUBLIC DISPLAY AND EXHIBITION OF ALCOHOLIC BEVERAGES:

A. Definitions: As per adoption of Montana Code Annotated section 16-1-106 in section 4-2-2 of this chapter, the state definitions shall apply. In addition thereto, the following words and phrases, as used herein, shall be defined as follows:

BUSINESS DISTRICT: That portion of the city which comprises the following designated areas:

1. All of U.S. Highway 2, which transects the city and is designated as Main Street within the city;
2. All of that street designated as truck route, which runs parallel to U.S. Highway 2 and Main Street through the city;
3. All that portion of Central Avenue in the city from that intersection known as First Street South and Central Avenue to that portion of Central Avenue which exits the city and becomes U.S. Highway 287, exiting the city to the north;
4. The east half of First Avenue Southwest between First Street and Main Street; and
5. Within one-half (1/2) block on either side of any business establishment licensed to sell beer and wine or licensed to be a retail liquor seller.

PUBLIC DISPLAY OR EXHIBITION OF BEER OR LIQUOR: The carrying or transporting of open containers containing any alcoholic beverage in a "public place" as defined in Montana Code Annotated section 16-1-106; but does not include empty containers; nor does it include carrying or transporting unopened alcoholic beverages in sacks or other containers; it further does not include the collection and transportation of empty containers for salvage, recycling, or refuse collection purposes.

PUBLIC DRINKING: The drinking and consuming of any alcoholic beverage in any "public place" defined in Montana Code Annotated section 16-1-106.

B. Prohibitions: "Public drinking" and "public display or exhibition of beer or liquor" as defined herein are hereby prohibited, and it shall be unlawful and a misdemeanor for any person to engage in these activities as defined in this section within the city limits.

C. Exemptions:

1. Petition For Exemption: Any person, business, organization, or group may petition the city council for the purpose of waiving enforcement of this section during any activity or event, such as the Lewis and Clark Festival or a public street dance. If the council permits said special exemption, then no person may be charged with violating this section during said permitted event. The city council may permit any such event by passing a resolution to that extent.
2. Metal Can Containers Permitted: While other provisions of this code prohibit glass containers in any of the city's parks 5 , this section shall not be construed as prohibiting any person from using the city's Main Street Park for a family picnic or similar activity, wherein canned beer or alcoholic beverages are consumed.

D. Signs Posted: The city shall have available and shall provide two (2) signs, said signs stating that the city has an open container ordinance prohibiting public drinking, exhibition or display. Each retail licensee selling beer, wine or liquor shall place these signs in his business establishment in a prominent location so that the patrons are advised of this section. No penalty may be imposed on the business owner for failure to post these signs.

E. Violation; Penalties: Any person violating any of the provisions of this section shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than one hundred dollars ($100.00) nor greater than five hundred dollars ($500.00) for a first offense within a calendar year. A second conviction shall result in a fine of not less than three hundred dollars ($300.00) nor more than five hundred dollars ($500.00). A third or subsequent conviction shall result in a fine not less than five hundred dollars ($500.00). (Ord. 11.06, 6-18-2001; amd. 2006 Code)

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4-2-12: PROHIBITED ACTS:

All acts or omissions which are prohibited or declared unlawful by the portions of the Montana alcoholic beverage code herein adopted by reference or by such regulations as may be made by the Montana department of revenue which shall have the full force and effect of law, are hereby prohibited and declared unlawful. (Ord. 11.00)

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4-2-13: REVOCATION OR SUSPENSION OF LICENSE:

If any license issued by the Montana department of revenue, under the provisions of the Montana alcoholic beverage code, becomes revoked or suspended under the provisions of said code, the companion license issued under the provisions of this chapter shall be automatically revoked or suspended for the same period, and in the event such action by the Montana department of revenue shall, on appeal, be modified or set aside, the suspension or revocation of the license issued under the provisions of this chapter shall likewise be automatically affected. (Ord. 11.00)

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4-2-14: ADMINISTRATION AND ENFORCEMENT:

A. Duties Of City Clerk-Treasurer: The city clerk-treasurer shall be charged with the collection of license fees. The city clerk-treasurer shall prepare and keep appropriate records as provided in section 4-2-5 of this chapter. All expenses in connection with the administration of this chapter shall, so far as possible, be charged against the funds collected under this chapter.

B. Enforcement:

1. Every person, firm, association or corporation licensed under the provisions of this chapter shall be subject to regulation, inspection, control and supervision under the general police power of the city, and all of the ordinances now in force, or which may hereafter be adopted in aid of such police power and regulation, and every such license shall be subject to suspension and revocation as hereinbefore provided.
2. The city recognizes the right, among others, reserved by the Montana alcoholic beverage code to the city, to enact ordinances for the enforcement of said code. To that end, the penal provisions of the Montana alcoholic beverage code are hereby adopted as the law of the city, and the city court is hereby vested with the jurisdiction, and the duty is hereby imposed upon the city attorney, chief of police, and city court judge to enforce the same. (Ord. 11.00; amd. 2006 Code)

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4-2-15: VIOLATION; PENALTY:

In addition to the revocation or suspension of license as provided in section 4-2-13 of this chapter, any person who shall violate any of the provisions of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, unless otherwise provided in this chapter, shall be subject to penalty as provided in section 1-4-1 of this code. (Ord. 11.00; amd. 2006 Code)

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4-2-16: CONVICTIONS REPORTED TO STATE:

In case of the conviction of any licensee hereunder of any violation of this chapter in the city court, the city judge shall, within ten (10) days thereafter, whether or not an appeal has been taken from the judgment or conviction, transmit to the Montana department of revenue a certified copy of the record of conviction. (Ord. 11.00)

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CHAPTER 3
TRADE STIMULATORS; STAMP TAX

The words and phrases used in this chapter shall be given the following interpretations:

CLERK-TREASURER: The clerk-treasurer of the city of Cut Bank, Montana.

PERSON: Includes every individual, partnership, corporation, association, or organization.

TRADE STIMULATOR: Any device or object housing, containing or enclosing, or having as a part thereof numbered tickets, variegated symbols and tokens or any pull board, ticket board or punchboard or their equivalents, any one or more of which announces that an award will be made to a purchaser thereof in terms of merchandise or other thing of value, but does not mean a slot machine or mechanical device. (Ord. 6.00)

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4-3-2: TRADE STIMULATORS PERMITTED; COMPLIANCE WITH PROVISIONS:

It shall be lawful for any "person", as defined herein, to exhibit for use and for sale and to exhibit, sell and use "trade stimulators", as defined herein, so long as the use thereof is not in violation of the laws of the state, and so long as the use thereof is in compliance with the provisions of this chapter. (Ord. 6.00; amd. 2006 Code)

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4-3-3: USE TAX ESTABLISHED; TAX STAMP POSTED:

No "trade stimulator" as defined in section 4-3-1 of this chapter, shall be exhibited by any person in the city without having affixed thereon in a conspicuous place a use tax stamp showing the payment of such use tax. Said use tax shall be simultaneously cancelled by said exhibitor indicating by unerasable writing over the face thereof, identified by his initials and the date of cancellation of each stamp. Such use tax stamp will show that a special tax has been paid thereon at the true rate hereby levied and imposed, that being the sum of two percent (2%) of the value of the total number of such tabs, tickets, pallets, punches or similar things on the board or the full cash return of such trade stimulators to the exhibitor, as computed by the purchase price posted by the exhibitor as the going price of each number ticket, variegated symbol, token or its equivalent. (Ord. 6.00; amd. 2006 Code)

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4-3-4: ADMINISTRATION OF PROVISIONS:

A. The city clerk-treasurer is hereby authorized and empowered to provide the use tax stamps in such design, title, forms and denominations as will be appropriate, and to collect the monies therefor, and shall, within thirty (30) days thereof, place the proceeds from the sale of such use tax stamps to the general fund of the city; provided, however, that out of said proceeds there shall be paid, on claims regularly presented against the city and approved by the proper officials of the city, the costs and expenses of administering the provisions of this chapter.

B. The city clerk-treasurer is hereby authorized and empowered to supply use tax stamps upon direct application from exhibitors and direct payment to the clerk-treasurer, and it shall be the duty of the city clerk-treasurer to accept payment for said stamps and deposit the same as herein provided, and the city clerk-treasurer shall at all times be liable and accountable to the city for the value of any such stamps in the hands of the clerk-treasurer. (Ord. 6.00)

C. The city clerk-treasurer shall set up and maintain appropriate records to reflect the supply, deposits, purchasers, purchases, and movements of such use tax stamps and payments therefor. (Ord. 6.00; amd. 2006 Code)

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4-3-6: 4-3-6: VIOLATION; PENALTY:

Any violation of this chapter, failure to purchase and have affixed and/or cancelled such use tax stamps, reuse of a canceled stamp on other than the original trade stimulator, or permitting minors to patronize a trade stimulator shall be a misdemeanor, and any person, firm, association or corporation found guilty of such violation shall be guilty of such misdemeanor and, upon conviction, shall be punishable as provided in section 1-4-1 of this code. (Ord. 6.00; amd. 2006 Code)

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CHAPTER 4
PAWNSHOPS, SECONDHAND SHOPS AND JUNK SHOPS

A. Purchases:

1. Register Required: Every pawnbroker or junk dealer shall keep a register, in which shall be entered a description of every article pawned to him or purchased by him, with:
   a. The date of the pawning or purchasing;
   b. Date when the article shall be redeemed;
   c. The name of the person by whom the same was pawned or by whom purchased; and
   d. The amount loaned thereon or paid therefor.



2. Register Open To Inspection: The register shall always be open to inspection and examination of any peace officer or other persons.

B. Sales: In case of the sale of any article pawned or pledged, the pawnbroker or junk dealer shall enter upon said register:

1. The name of the purchaser;
2. The time of the sale; and
3. The price paid therefor. (Ord. 10.00; amd. 2006 Code)

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No keeper, owner, proprietor, operator or agent of any pawnshop, secondhand shop or junk shop within the city shall purchase or receive any article or thing from any minor under the age of eighteen (18) years without first obtaining the written consent of the parents or guardian of such minor, which written consent shall be retained and held subject to inspection at all times by any member of the police force of the city. (Ord. 10.00; amd. 2006 Code)

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4-4-3: 4-4-3: VIOLATION; PENALTY:

Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punishable as provided in section 1-4-1 of this code. (Ord. 10.00; amd. 2006 Code)

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