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No license shall be issued under this division so long as any building, driveway, parking lot or any other building or facility used in the operation of the outdoor theater is within five hundred (500) feet of any residential building or any building used for a hospital, sanitarium, public institution, church or school. (Mont. Co. Code 1965, § 75-38.)
The license required by this division shall be renewed annually upon the payment of the prescribed fee in section 4-30 without further public hearings, unless it is revoked or suspended.
Upon application for renewal of a previously issued license, the director shall make an investigation and inspection of the premises, and, if he finds that the provisions or intent of this article are not being complied with, he shall make a finding of the violations and refuse to renew the license. The director shall first serve on the applicant a copy of his finding listing the violations and give him an opportunity to correct the same or grant him a hearing to show cause why the license should be renewed. If the applicant fails to correct the violations or to appear within ten (10) days after notice of such finding is mailed to the applicant, the director shall refuse to renew the license. (Mont. Co. Code 1965, § 75-40.)
(a) The director may revoke or suspend any license issued under this division upon finding that the licensee is in violation of any provision of this article or any other state or county law pertaining to drive-in theaters.
(b) The director may revoke or suspend any license issued hereunder upon a finding that the establishment is being so operated as to constitute a nuisance by reason of noise or indecent or immoral activity on the part of guest, owner, operator or their employees.
(c) Any revocation or suspension under this section shall be by written notice, with an opportunity for a hearing as provided in section 4-40. (Mont. Co. Code 1965, § 75-41.)
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