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No person shall construct, operate or maintain an outdoor theater in the county without first obtaining a license from the director for which a fee of one thousand dollars ($1,000.00) per annum shall be charged. (Mont. Co. Code 1965, § 75-30; 1972 L.M.C., ch. 16, § 5; 1980 L.M.C., ch. 22, § 1.)
All applications for a license required by this division shall be made to the department on such form as shall be designated. Applications shall not be accepted for filing unless accompanied by a receipt of the director of finance showing payment to the county of a filing fee of fifty dollars ($50.00), or such other amount as may be established by regulation adopted by the county executive under method (3) of section 2A-15 of this Code, such fee to cover the cost of advertising in the newspaper and providing a transcript of the testimony at the hearing. No fee shall be refunded. (Mont. Co. Code 1965, § 75-31; 1970 L.M.C., ch. 8, § 7; 1972 L.M.C., ch. 16, § 5; 1980 L.M.C., ch. 22, § 1; 1984 L.M.C., ch. 24, § 7.)
Within five (5) days after acceptance for filing of an application for an outdoor theater license, the applicant shall erect a sign, to be furnished by the county, on the land proposed to be used as an outdoor theater.
Such sign shall be erected by the applicant within ten (10) feet of whatever boundary line of such land abuts the most traveled public road or, if no public road abuts thereon, facing in such manner as may be most readily seen by the public. The bottom of the sign shall be not less than two and one-half (2 1/2) feet from the ground.
The sign furnished by the department shall be of metal, shall have a height and width of not less than two (2) feet by three (3) feet respectively and shall bear conspicuously in lettering in black on a yellow background, not less than four (4) inches in height, the words:
APPLICATION FOR OUTDOOR THEATER PERMIT
ON THIS PROPERTY. Application No. _________________
Date of Hearing _________________
The blanks shall be filled in by inserting the assigned application number and the date set for the public hearing.
If the land sought to be used lies within more than one (1) block as shown on a plat recorded in the land record of the county, then a sign shall be erected by the applicant on the land in each of such blocks.
No sign shall be furnished by the department to the applicant unless the applicant has first delivered to the department a receipt of the director of finance showing payment to the county of a deposit of fifteen dollars ($15.00) for such sign. On return of the sign to the department by the applicant, as hereinafter provided, there shall be repaid to the applicant on order of the department twelve dollars and fifty cents ($12.50) of the amount of such deposit.
If the applicant is a person other than the owner, his attorney, agent or other representative or a person who has contracted with the owner for the purchase of the land, or a person otherwise privy with the owner, and the applicant files an affidavit stating such fact and that the owner is unwilling to permit the posting of any such sign, then posting shall be made in such manner as the department shall direct.
At the hearing it shall be the duty of the applicant to prove by affidavit that he has fully complied with this section and has continuously maintained the sign or other posting up to the time of the hearing.
Any such sign or other posting shall be maintained at all times by the applicant until a decision on the application has been made public by the county council and then shall be removed by the applicant and, in case of a sign furnished by the department, returned by him within five (5) days thereafter.
It shall be unlawful for any person to remove or tamper with such sign during the period it is required to be maintained under this section. (Mont. Co. Code 1965, § 75-32.)
The Director must not issue a license under this division unless the following certificates have been filed with the Department. However, the following certificates are not required to renew a license unless the plans and specifications were materially altered after the initial license was issued.
(a) A certificate from the Department that the plans and specifications comply with the applicable building electrical and plumbing codes and any additional building, electrical, and plumbing regulations set out in this Article.
(b) A certificate from the fire marshal that the plans and specifications comply with the fire prevention code of the County and any additional fire regulations set out in this Article, and the fire protection standards, rules and regulations of the state and local board of health.
(c) A certificate from the Director of the Department stating that the plans and specifications are in compliance with the applicable standards, rules and regulations of the County and state boards of health and any additional standards set out in this Article.
(d) A certificate from the Department of Transportation that the traffic design will not impair the flow of traffic on public highways and that the entrance, exit, and parking of vehicles will not interfere with an orderly flow of traffic, in addition to any other requirements in this Article. (Mont. Co. Code 1965, § 75-33; 1970 L.M.C., ch. 8, § 7; 1972 L.M.C., ch. 16, §§ 5, 13; 1980 L.M.C., ch. 22, § 1; 1996 L.M.C., ch. 4, § 1; 2008 L.M.C., ch. 5, § 1.)
Editor’s note—2008 L.M.C., ch. 5, § 3, states: Sec. 3. Any regulation in effect when this Act takes effect that implements a function transferred to another Department or Office under Section 1 of this Act continues in effect, but any reference in any regulation to the Department from which the function was transferred must be treated as referring to the Department to which the function is transferred. The transfer of a function under this Act does not affect any right of a party to any legal proceeding begun before this Act took effect.
(a) Generally; publication of notice. Upon accepting an application for filing under this division, the department shallset the application for a public hearing at a specified time and place and shall cause notice of the same to be published once a week for two (2) successive weeks in a newspaper of general circulation in the county, stating the applicant's name, the date of the hearing and the time, place thereof, the location of the property and such other information as the council may direct. There shall be at least a thirty-day interval between the last newspaper notice and the date of the hearing.
(b) Record; adjournments; rehearing. There shall be a complete stenographic transcript of the testimony at the hearing, and all exhibits offered will become a part of the record. All zoning maps and any sectional or district zoning plan, as well as any sectional or regional or district highway plan adopted by the commission for the general area of the property proposed to be used as an outdoor theater, shall be considered a part of the record whether actually submitted as an exhibit at the hearing or not. The hearing may be adjourned from time to time on a date certain on public announcement at the hearing. (Mont. Co. Code 1965, § 75-34; 1970 L.M.C., ch. 8, § 7.)
An application for an outdoor theater license shall be decided on its merits. The application shall either be approved, denied or dismissed or allowed to be withdrawn. A decision by the council shall be rendered within sixty (60) days after the hearing by the council, unless such time is extended. The hearing shall be conducted by the council or the council may by resolution authorize and appoint an administrative board, hearing examiner or the board of appeals to conduct the hearing and to make recommendation as to denial or approval and conditions therefor. (Mont. Co. Code 1965, § 75-35; 1970 L.M.C., ch. 8, § 7.)
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