TITLE 4
BUSINESS AND LICENSE REGULATIONS
BUSINESS AND LICENSE REGULATIONS
CHAPTER 1
GENERAL LICENSE PROVISIONS; FEES
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
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any phrase or section of this title, the provision of the particular licensing ordinance shall prevail until amended or repealed.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)
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)
Business licenses are required by the city. No person shall carry on, transact, operate, conduct, or engage in any occupation, trade, profession, or business, either directly or indirectly, within the city involving the sale of goods and/or services without first having procured a license from the city, provided that occupation, trade, profession, or business has not been specifically exempted from doing so by the state of Montana. Those occupations, trades, professions, and/or businesses not specifically exempted from licensing statutes of the state of Montana shall be required to purchase and maintain a business license from the city.
This licensing requirement shall apply to all business, including, but not limited to, all retail, wholesale, and industrial businesses, as well as all home based businesses and businesses operated by nonprofit organizations as defined herein. All new businesses must obtain a license prior to opening for business. Any business licensed by the city shall not be required to obtain an additional license for conducting business at a temporary location within the city. Violation of this section shall subject the violator to the penalty as proscribed herein.
A. Exceptions:
1. Out Of City Businesses: A city business license is not required for any out of city businesses doing business within city limits as a result of being directly hired or contracted for a specific project of nonrepetitive duration by a person, business, or governmental entity already licensed by the city.
a. Subsection A1 of this section does not apply to persons or businesses that actively solicit jobs within city limits, i.e., repair jobs, house painting, storm restoration, sidewalk repair, and other like projects.
2. Joint License: A person engaged in two (2) or more businesses shall not be required to obtain separate licenses for conducting each of the businesses but, when eligible, shall be issued one license.
3. Delivery: No license shall be required of any person for delivery in the city of any property purchased or acquired, in good faith, from a person or business, as the person outside the city.
4. Nonprofit: No license shall be required of any "nonprofit organization" as defined by this chapter, unless the nonprofit is operating a business for profit as defined herein.
5. Minors: No license shall be required of any person under eighteen (18) years of age.
6. Property Manager: No license shall be required for any property manager managing or renting less than three (3) rental units.
7. Itinerant Vendors: No license shall be required for itinerant vendors. (Ord. 364-2016, 5-10-2016)
A. Misrepresentation: No person shall knowingly misrepresent any material fact in a license application. Such misrepresentation allows for immediate cancellation and/or denial of the license.
B. Complaint: When a violation of this title is alleged to have occurred, any person may file a written complaint. Such complaint shall state fully the cause and basis thereof and shall be filed with the city. Each complaint shall be investigated and appropriate action shall be taken as provided by this title.
C. Violation: Any person violating a provision of this title for which another penalty has not been provided shall, upon conviction thereof, be subject to a civil fine not to exceed fifty dollars ($50.00) for each violation. Each day the violation continues shall be deemed a separate and punishable violation.
D. Citation: Failure to cure a violation shall result in a citation. (Ord. 364-2016, 5-10-2016)
A. Application: Every person desiring to conduct any business, or other activity, in the city, shall submit and file an application for license, in writing, with the city clerk. The city clerk shall provide each applicant with the proper application form. Each application shall be accompanied by the necessary business license fee.
B. Contents: Each application shall be submitted with the representation of truthfulness. It shall set forth, in writing:
1. The name of the applicant;
2. The applicant's place of permanent residence;
3. Local business address, if different than residence address;
4. Description of the activity to be licensed, its location, and whether or not the activity is a seasonal business;
5. The amount of the necessary fee;
6. Whether the applicant shall act as principal or agent;
a. If acting as agent, the name and place of business of the principal or employer;
7. Dates of delivery for goods or wares sold (for transient vendors only);
8. The dates of issuance and expiration.
C. Review Process: Upon receipt of an application and fee, the application shall be reviewed and investigated by the city clerk.
D. Issuance/Denial: Upon completion of the review process, the city clerk shall either issue or deny the business license. Issuance of a business license is contingent upon a business being in compliance with all applicable zoning and fire codes, and any other laws and regulations which protect the health, safety, and welfare of the citizens of the city. If the city clerk, after review of the application, determines that it is not in the best interest of the city to authorize the event applied for, or that it may be detrimental to the public health, safety, or welfare, the application shall be denied; otherwise, the application shall be granted.
E. Appeal: In the event the city clerk shall deny a business license, the applicant may appeal to the city council. The application shall be reviewed by the city council at its next regularly scheduled meeting. After hearing reports deemed relevant from the city clerk and the applicant, the city council shall determine if the license shall be granted or denied.
F. Amendment Of Application: Applicants and licensees shall have the right to amend, update, and/or change applications and licenses; provided, however, the amendment, update, and/or change does not materially alter compliance with the provisions of this title. Each amendment, update, and/or change shall be accompanied by the necessary fee. (Ord. 364-2016, 5-10-2016)
A. General Business License: Any person engaged in business requiring licensing under this title, excepting those specifically named in subsections B and C of this section, shall pay an annual general business license fee of fifty dollars ($50.00) per year.
B. Seasonal Business License: Any person engaged in one business defined as seasonal business during one calendar year and requiring licensing under this title, shall pay an annual seasonal business license fee of fifteen dollars ($15.00) per year so long as the seasonal business is limited to one seasonal business in one calendar year.
Any person engaged in more than one seasonal business during one calendar year is required to purchase a general business license.
C. Special Business License: Any person engaged in business defined as special business and requiring licensing under this title, shall pay an annual special business license fee of fifty dollars ($50.00) per year.
1. Transient Retail Merchant: Any person engaged in business defined as transient retail merchants and requiring licensing under this title, shall pay a business license fee of twenty five dollars ($25.00) per event.
D. Adult Business License: Any person engaged in business defined as adult business and requiring licensing under this title, shall pay an annual adult business license fee of any person engaged in business defined as special business and requiring licensing under this title, shall pay an annual special business license fee of fifty dollars ($50.00) per year. Adult businesses shall also be subject to the rules and regulations of this chapter for the health, safety, and welfare of the city.
E. Amendments, Updates, And/Or Changes: Any applicant desiring to amend, update, and/or change an already submitted application for any type of license shall be free of charge.
F. Allocation Of Fees: All fees collected under this title shall be deposited into the city's general fund and used to support the various departments, divisions, and activities of the city which provide regulation and to recover the costs of administering this title.
G. Prohibition On Rebate/Proration: License fees shall not be prorated. No rebate or refund of any license fee, or part thereof, shall be made by reason of the nonuse of such license or by reason of a change of location or business rendering the use of such license ineffective.
H. Denial: If a license or application is denied, and the appeal is also denied, the license fee that accompanied the application shall be returned to the applicant. (Ord. 364-2016, 5-10-2016)
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