TITLE 4
BUSINESS AND LICENSE REGULATIONS
BUSINESS AND LICENSE REGULATIONS
CHAPTER 1
BUSINESS LICENSES GENERALLY
BUSINESS LICENSES GENERALLY
SECTION:
4-1-1: Definitions
4-1-2: License Required; Fees; Term
4-1-3: Businesses Exempt From Fees
4-1-4: Duties Of Clerk-Treasurer
4-1-5: Contents Of License
4-1-6: Failure To Renew; Late Charge
4-1-7: Separate License For Multiple Businesses, Branch Establishments
4-1-8: Change Of Location
4-1-9: Posting Required
4-1-10: Unlawful Businesses
4-1-11: Refusal To Issue; License Revocation
4-1-12: Violation; Penalty
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)
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)
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)
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)
Each license issued under the provisions of this chapter shall state upon its face the following:
A. Name of the licensee and any other name under which business is to be carried on.
B. Number of "employees" as defined in section 4-1-1 of this chapter.
C. The local address and phone number of the business.
D. The amount of the license fee.
E. The date of issuance and date of expiration.
F. Such other and further information as the ordinances of the city shall require. (Ord. 6.16, 12-20-2004)
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