TITLE 4
BUSINESS AND LICENSE REGULATIONS

CHAPTER 1
GENERAL LICENSE PROVISIONS; FEES

SECTION:

4-1-1: Scope

4-1-2: Purpose

4-1-3: Definitions

4-1-4: License Required

4-1-5: Penalty

4-1-6: Licensing Procedure

4-1-7: Fees

4-1-8: Term

4-1-9: Regulation And Enforcement

4-1-10: Revocation/Suspension

4-1-11: Miscellaneous

4-1-1: SCOPE:

The provisions of this title apply to the issuance of every kind of business license authorized by the city of Three Forks. Whenever a provision of a particular licensing ordinance shall be deemed in conflict with any phrase or section of this title, the provision of the particular licensing ordinance shall prevail until amended or repealed.

   A.   Police Powers: All industries, trades, pursuits, professions, vocations, and businesses are required to obtain licenses under this title as a result of special services, regulation, control and protection provided under the general police powers of this city in view of its health, safety, and welfare.

   B.   Unlawful Activity: No provision contained in this title shall be construed so as to license any trade, business, occupation, vocation, pursuit, profession, or entertainment that is prohibited by any law of the United States, of the state of Montana, or prohibited by the provisions of this code or other ordinance of the city.

   C.   Interstate Commerce: Nothing in this title is intended to operate so as to interfere with the power of the United States congress to regulate the commerce between the states. (Ord. 364-2016, 5-10-2016)

4-1-2: PURPOSE:

The regulations of this title have been established to provide for the issuance of annual business licenses within the city, and in order to maintain the health, safety, and welfare of the public. (Ord. 364-2016, 5-10-2016)

4-1-3: DEFINITIONS:

The following words, terms, and phrases, when used in this title and other related regulations in this code, shall have the following meanings, except where the context clearly indicates a different meaning:

   BUSINESS: All types of vocations, trades, occupations, professions, enterprises, establishments, industries, pursuits, and all other types of activities, together with all devices, machines, vehicles, and equipment used therein, that are conducted for private profit or benefit, either directly or indirectly, on any premises in the city, not exempted by state law or this title.

   CITY CLERK: The city clerk and deputy clerk for purposes of this title.

   HOME OCCUPATION: The use of a portion of a dwelling as an office, studio, or workroom for occupations at home by one or more persons residing in the dwelling unit. The activity must be clearly incidental to the use of the dwelling and shall not change the character or appearance thereof.

   ITINERANT VENDOR: Any person engaged or employed in the business of retailing to consumers by going from consumer to consumer, either on the streets or to their places of residence or employment, and there soliciting, selling, or offering to sell, or exhibiting for sale (by sample, by catalog, or otherwise), or taking orders for future delivery of any goods, wares, or merchandise or for services to be performed in the future.

   LICENSE: The authority, necessary from the city, granted the person to whom it is issued, to engage in a specific business or occupation.

   NONPROFIT ORGANIZATION: Any group that is organized and operate exclusively for the exempt purposes set forth by the United States internal revenue service and the Montana state department of revenue.

   PERSON: Individual natural persons, partnerships, associations, firms, joint ventures, societies, associations, clubs, trustees, trusts, corporations, or other business entities, or any officers, agents, employees, factors, or any kind of personal representatives thereof, in any capacity, acting either for themselves, or for any other person, under either personal appointment or pursuant to law.

   PROPERTY MANAGER: A person who rents or leases rental units. It does not include hotels, motels, inns, bed and breakfasts, or the like.

   SEASONAL BUSINESS: All types of vocations, trades, occupations, professions, enterprises, establishments, industries, pursuits, and all other types of activities, together with all devices, machines, vehicles, and equipment used therein, that are conducted for private profit or benefit, either directly or indirectly, on any premises in the city, not exempted by state law or this title, during limited parts of one calendar year, such as lawn mowing or snow shoveling.

   STREET VENDOR: Any person vending food or other merchandise with no street address, or from carts, kiosks, cart/kiosks, vehicles, trailers, or other readily mobile sources to customers within the city limits.

   TEMPORARY PREMISES: A hotel, rooming house, storeroom, building or part of a building, tent, vacant lot, freight station, railroad car, automobile, truck, trailer or trailer house, or public or quasi-public place that is temporarily occupied by a transient retail merchant.

   TRANSIENT RETAIL MERCHANT: A person, firm, or corporation that, acting on its own behalf or representing any other person, firm, or corporation, brings into temporary premises a stock of goods, wares, articles of merchandise, notions, or other articles of trade and that solicits, sells, offers to sell, or exhibits for sale the stock of goods, wares, articles of merchandise, notions, or other articles of trade at retail. This definition applies until such transient retail merchant is continuously engaged at such temporary premises for a period of one year. (Ord. 364-2016, 5-10-2016)