For purposes of this chapter, the following terms, phrases, words, and their derivations have the meanings given herein. Unless specifically specified, terms have the meanings as defined in title 11 of this Code.
ALCOHOLIC BEVERAGES SELLER: A commercial enterprise that includes the sale of alcoholic beverages as a distributer or directly to consumers, including but not limited to, bars, taverns, and general retail establishments.
COMMERCIAL ENTERPRISE: Any occupation, vocation, pursuit, trade, industry, profession, or commercial activity of any kind, carried on for purposes of economic benefit or profit or engaged in for livelihood or gain, including direct sales and activities conducted as home occupations. This definition does not include the practice of law, nor does it include any business which the Montana Legislature has specifically declared that cities with self-governing powers may not regulate. This definition does not include any person because of that person's status as an employee of any unit of government or of any private employer. This definition does not include any nonprofit group or organization which is recognized as a nonprofit group or organization by the United States Internal Revenue Service.
FULL-TIME EQUIVALENT EMPLOYEES: The number of full-time equivalent employees is determined by dividing the total number of hours worked by all employees of the business, including self-employed persons, in the previous calendar year by two thousand eighty (2,080). The resulting quotient, rounded up to the next whole number, is the number of full- time equivalent employees.
LICENSEE: The legal owner of a commercial enterprise licensed pursuant to this chapter.
PAWNBROKER: A commercial enterprise that loans money on the person's own behalf or for another, upon personal property, personal security, pawns, or pledges, or engages in the business of purchasing articles of personal property and reselling or agreeing to resell the articles to the vendors or their assigns at prices agreed on at or before the time of purchase. This definition includes commercial enterprises that buy, sell, or deal in secondhand merchandise, including dealing in such merchandise on consignment. (Ord. 3250, 5-20-2019)
A. All Commercial Enterprises Must Be Licensed: A person conducting, operating, transacting, engaging in, or carrying on any commercial enterprise within the City must apply for and obtain a license as provided in this chapter.
1. Separate License Required For Each Location Of Each Commercial Enterprise:
a. Each separate commercial enterprise is required to be licensed separately even if owned by the same owner.
b. Each location of the commercial enterprise requires a separate license. A separate application must be submitted for each location.
2. Certain Commercial Enterprises Subject To Additional Requirements: A commercial enterprise that engages in the following activities as part of its operations is required to obtain an additional endorsement, which may be subject to additional application requirements, as determined by the City, and fees as determined by the City Commission, as part of their business license.
a. Alcoholic beverages seller.
b. Pawnbroker.
c. Medical marijuana dispensary.
d. Marijuana grow operations.
e. Home occupation.
f. Tobacco retailer.
g. Casino.
3. Prohibited Commercial Enterprises Not To Be Licensed: No provision herein contained may be construed so as to license any commercial enterprise prohibited by any law of the United States or the State of Montana, or by any provision of this Code, except that medical marijuana dispensaries and grow operations are permitted.
4. Exclusions: The requirements of this chapter do not apply to the following:
a. Persons or entities with no base of operations in Lewis and Clark County who exclusively deal with and contact licensed businesses only by salesmen, telephone or mail.
b. Persons under eighteen (18) years old.
B. Licenses Are A Privilege: All licenses issued pursuant to provisions of this Code are revocable privileges, and no holder thereof acquires any vested rights therein.
C. Form Of License: The license issued must be in the form prescribed by the City and must be signed in blank by the Mayor and countersigned by the City Finance Director when granted. (Ord. 3250, 5-20-2019)
A. Notification Requirements: The licensee must notify the City within thirty (30) days if any of the information contained within the licensee's initial application has changed. Failure to update the licensee's contact information may result in suspension or revocation of the license as provided for in this chapter.
B. License To Be Displayed: The license issued pursuant to the provisions of this chapter must be conspicuously displayed in such a manner that a City official may observe the same upon entering the licensee's place of business. If the commercial enterprise operates out of multiple locations, a copy of the business license must be displayed at each location. (Ord. 3250, 5-20-2019)
A. License Requirements: To obtain a license under this chapter, the legal owner or the legal representative of the commercial enterprise must submit a complete application and pay the non-refundable applicable fee to the City.
B. Initial Application Form:
1. The form of the application must be uniform for all applicants as determined by the City, but must contain the following:
a. Legal name of the owner of the commercial enterprise to be licensed.
b. Physical and mailing address of the commercial enterprise. If the commercial enterprise operates out of multiple locations, the physical address of each location, including warehouses, must be listed.
c. If the commercial enterprise is operated by a separate legal entity, the full name of said legal entity and the entity's registered agent as registered with the Montana Secretary of State.
d. Description of the nature of the commercial enterprise in sufficient detail to determine if additional licensure or endorsement is required.
e. Whether the commercial enterprise is being conducted as a home occupation.
f. The number of full-time equivalent employees employed by the commercial enterprise.
g. Affirmation that the commercial enterprise will be conducted in compliance with all applicable Federal, State, and local laws, rules, and regulations.
h. Any other information as may be required for administration of this title.
2. The application form must be signed by the legal owner or the legal representative of the commercial enterprise verifying that all information contained within the application is true and correct.
C. No License Will Be Issued If Arrears Are Owed To The City: A business license cannot be issued to any person or commercial enterprise if the person, commercial enterprise, or the owner or any officer thereof, owes any arrears to the City.
D. Initial Application Review Process:
1. The City has ten (10) business days to review the application and to either approve, deny, or request additional information from the applicant. Requests for additional information must be in writing and state the reason for the request. If additional information is requested, the City has an additional ten (10) business days from receipt of the requested information to either approve or deny the application.
2. If an application for a license is denied, the denial must be in writing and state the reason for the denial.
3. The applicant may appeal the denial of a license to the City Manager. The appeal must be in writing and clearly state the grounds for appeal. The City Manager has ten (10) business days from the date of receipt of the appeal request to review the information contained within the application and the written notice of appeal and to issue a decision to either grant or deny the application. The City Manager's decision constitutes the final administrative decision upon the application. (Ord. 3250, 5-20-2019)
A. Term Of License: A license issued pursuant to this chapter is valid from January 1 to December 31 of the year in which the license is issued.
B. License To Be Renewed Annually:
1. A license issued pursuant to this title must be renewed annually no later than February 1 of each year.
2. To renew a license, the licensee must submit a renewal application provided by the City and pay the annual license renewal fee.
C. Renewal Application Form: The form of the application for renewal must be uniform for all applicants as determined by the Finance Director.
D. Penalty For Late Renewal: A penalty fee will be imposed in the event of any late renewal in the amount as established by the City Commission. The penalty must be paid prior to issuance of any new or renewed license. (Ord. 3250, 5-20-2019)
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