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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.)
Before denying, revoking or suspending any license under this article, the director shall give notice to the applicant or licensee, specifying therein the specific violations or reasons for the proposed action, which notice shall direct the applicant or licensee to appear before him at some specified time to show cause why such license should not be denied, suspended or revoked. Upon failure or refusal of the applicant to appear or upon findings at the hearing, the director may deny, suspend or revoke the license. All orders or notices by the director shall be served on the applicant or licensee by certified or registered mail at the address shown on the application or by personal delivery. If the applicant or licensee cannot be found, it shall be sufficient to serve any person in charge of the enterprise at the premises or to post a copy of the order or notice on the premises. (Mont. Co. Code 1965, § 75-11.)
(a) When the conduct or operation of any enterprise licensed under this article, by its owner, operator, agents or employees, is so inimical to the public health, safety and general welfare as to constitute a nuisance or immediate danger and thus give rise to an emergency, the director shall have the authority to order summarily the cessation of business, the closing of the premises and the suspension or revocation of the license.
(b) Unless waived in writing by the licensee, within ten (10) days after he has acted summarily, the director shall conduct a special hearing for such action in respect to the summary order as may therein be determined. Notice of such hearing shall be given the affected person in the manner described in section 4-11. (Mont. Co. Code, 1965, § 75-12.)
Any person aggrieved by any decision or action of the director under this article shall have the right to appeal to the county board of appeals by filing a written application within ten (10) days following the effective date of the action or decision complained of in such form as the board of appeals may prescribe. the board of appeals, within thirty (30) days from the filing thereof, shall hold a public hearing and shall be empowered thereafter to affirm, abate, reverse or modify the decision or action of the director. (Mont. Co. Code 1965, § 75-13.)
The director shall make all investigations reasonably necessary to the enforcement of this article, and the director, his agents and other authorized county agents shall have the authority to enter and inspect, for the purposes of enforcing this article, at all reasonable times, those premises where a license is required or which are operating under a license or where a license has been suspended or revoked. (Mont. Co. Code 1965, § 75-14.)
As used in this Article, the term "Director" means the Director of the Department of Health and Human Services and "Department" means the Department of Health and Human Services. (Mont. Co. Code 1965, § 75-15; 1972 L.M.C., ch. 16, § 5; 1980 L.M.C., ch. 22, § 1; 1995 L.M.C., ch. 13, § 1.)
Editor's note-Section 5 of 1995 L.M.C., ch. 13, reads as follows: "Sec. 5. A regulation that implements a function assigned to the Department of Health and Human Services by 1995 LMC ch. 13 continues in effect but is amended to the extent necessary to provide that the regulation is administered by the Director of the Department of Health and Human Services."
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