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It shall be unlawful for any person, either directly or indirectly, to establish, conduct, operate or to permit the operation of, on any premises owned by him, any enterprise described in section 4-8 without a license being first procured and kept in effect at all times as required by this article. (Mont. Co. Code 1965, § 75-4.)
No license shall be issued by the director for the operation of any of the enterprises specified in section 4-8 until proper application therefor has been made to the director in such form as he shall designate, and a copy of the application has been published in some newspaper of general circulation within the county at least two (2) weeks prior to the issuance of such license, which publication shall be at the expense of the applicant seeking such license. Such publication shall not be required for the issuance of any such license for any enterprise that has been in continuous operation at the same location for three (3) years immediately preceding the application for the license. (Mont. Co. Code 1965, § 75-6.)
The Director must not issue or renew an annual license provided for in this Article unless the following certificates have first been filed with the Director for the license year in question:
(a) A certificate from the Department stating that the building to be occupied or used for the enterprise is structurally safe for the purpose for which such building is intended to be used, and that such building is in compliance with the applicable building, electrical and plumbing codes.
(b) A certificate from the fire marshal stating that the space, premises or building to be occupied or used for the enterprise are in compliance with the fire prevention code of the County.
(c) A certificate of use and occupancy from the Director of Permitting Services stating that the building and the premises on which the building is located comply with the standards and regulations of the Department of Permitting Services.
(d) A certificate from the Director stating that the building and the premises on which the building is located comply with the standards and regulations of the State Board of Health. (Mont. Co. Code 1965, § 75-7; 1972 L.M.C., ch. 16, §§ 5, 13; 1980 L.M.C., ch. 22, § 1; 1996 L.M.C., ch. 20, § 1; 1998 L.M.C., ch. 12, § 1; 2001 L.M.C., ch. 14, § 1; 2002 L.M.C., ch. 16, § 2.)
The following schedule of license fees for the operation of the following enterprises within the limits of the county is hereby established:
(a) Amusement parks. Amusement parks, operated for profit, where a charge is made at the gate or a separate charge or fee is made to the individual shows or entertainment therein, or both: One thousand dollars ($1,000.00) per annum, if the park contains a swimming pool or dance hall; one hundred fifty dollars ($150.00) per annum, if it does not contain a swimming pool or dance hall. The payment of this fee entitles the operator of the amusement park to operate within the limits of the park any amusement devices not prohibited by law; provided, that no license shall be granted any amusement park to operate as aforesaid until the amusement park has submitted to the director of the department proof of sufficient responsibility or adequate liability insurance coverage to protect the public using the park.
(b) Theaters. Theaters or moving picture houses operated for profit, not including outdoor theaters which are treated separately in this chapter, as follows:
(1) Moving Picture Houses. The following schedule of fees applies to houses with seating capacities as listed opposite the fees:
Capacity | Fee per Annum |
Up to 300 | $50.00 |
301 to 500 | $60.00 |
501 to 750 | $75.00 |
751 to 1,000 | $100.00 |
1,001 and over | $125.00 |
(2) Legitimate Theaters, herein defined as places in which exhibitions of live dramatic performances are presented, one hundred dollars ($100.00) per annum.
(c) Dance halls, restaurants, hotels, etc.-Generally. Dance halls, restaurants, cafes, inns, taverns, hotels or clubs, operated for profit and where public dancing is permitted more than once each week, five hundred dollars ($500.00) per annum.
(d) Same-One-time only events. Dance halls, restaurants, cafes, inns, taverns, hotels, armories, coliseums or clubs at which are held any picnic, dance, soiree or other entertainment for private or personal gain or profit, at which the general public is admitted for a single day or evening, and which affair is held on a one-time only basis, one hundred dollars ($100.00) per affair.
Such licenses are authorized by sections 4-6 and 30-2 and are to be issued in accordance with section 4-10, notwithstanding any provisions to the contrary in sections 4-9 and 30-1.
(e) Swimming pools. Public swimming pools, operated for profit, whether admission is by membership card or for a charged fee, one hundred fifty dollars ($150.00) per annum.
(f) Baseball, etc., parks. Baseball, football or athletic parks, twenty-five dollars ($25.00) per annum.
(g) Carnivals and circuses. Carnivals and circuses, twenty-five dollars ($25.00) per week.
(h) Roller skating rinks. Roller skating rinks, twenty-five dollars ($25.00) per annum.
(i) Miniature golf courses. Miniature golf courses, twenty-five dollars ($25.00) per annum.
(j) Driving ranges. Golf and baseball driving ranges, twenty-five dollars ($25.00) per annum.
(k) Pitch and putt courses. Golf pitch and putt courses, twenty-five dollars ($25.00) per annum.
(l) Pony rings. Pony rings, twenty-five dollars ($25.00) per annum. (Mont. Co. Code 1965, § 75-8; 1972 L.M.C., ch. 16, § 5; 1980 L.M.C., ch. 22, § 1.)
(a) The director may deny, revoke or suspend any license applied for or issued under this article upon a finding that, for any sufficient reason, including activities of the owner, operator, employees or guests, the enterprise licensed hereunder, or for which a license application has been made, constitutes a detriment, is injurious to, or is against the interests of the public health, safety, morals, or welfare. In making such finding, the director shall consider, but not by way of limitation, the following:
(1) Good moral, reputable, and responsible character of the owner, operator, and person in charge, including police and penal history, license history, and general personal history.
(2) Compliance with this article and with all applicable state and county laws, rules and regulations, including operating hours, health standards, safety regulations, and fire regulations.
(3) Excessive noise, traffic congestion, or any other activity which constitutes a nuisance.
(4) Occurrence or repeated occurrences on the premises by the owner, operator, agents, employees, or guests of any offenses involving crimes of violence, sex offenses, prostitution or solicitation, drunkenness or violation of gaming, alcoholic beverage or narcotic drug laws, contributing to delinquency of minors, and similar or other offenses.
(b) Instead of suspension or revocation, the director may impose a fine not greater than five hundred dollars ($500.00) if the director believes that the payment of money will achieve the desired disciplinary purposes. (Mont. Co. Code 1965, § 75-10; 1986 L.M.C., ch. 31, § 2.)
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