TITLE 3
BUSINESS AND LICENSE REGULATIONS

CHAPTER 1
BUSINESS LICENSE PROVISIONS

SECTION:

3-1-1: Definitions

3-1-2: License Required; Fees; Term

3-1-3: Businesses Exempt

3-1-4: Duties Of The Clerk-Treasurer

3-1-5: Failure To Renew; Late Charge

3-1-6: Separate License For Multiple Businesses, Branch Establishments

3-1-7: Change Of Location

3-1-8: Posting Required

3-1-9: Unlawful Businesses

3-1-10: Refusal To Issue; License Revocation

3-1-11: Violation; Penalty

3-1-1: DEFINITIONS:

BUSINESS: Any and all industries, pursuits, commercial enterprises, occupations, professions and avocations, except those carried on in a temporary manner by religious, charitable, fraternal, educational or like nonprofit organization solely as projects for fund raising.

BUSINESS IN ZONE A OR B: A residence that is used to conduct business where customers/clients do not visit the residence. The business owner goes to the customer/client to conduct business.

BUSINESS IN ZONE C OR D: A business where the customer/client visits the business location as defined in the Valier Zoning Regulation.

COUNCIL: The Town Council of Valier, Montana.

EMPLOYEE: All owners, proprietors, partners, managers, salesman or employees engaged in or associated directly with the management and conduct of the business concerned.

NONPROFIT ORGANIZATION: Any association, firm or corporation organized for religious, charitable, educational, civic, scientific or literary purposes which does not contemplate the distribution of pecuniary gains, profits or dividends to its members.

PERSON: Any individual, firm, association, partnership or corporation.

TOWN: The Town of Valier, County of Pondera, State of Montana, a Municipal corporation.

YEAR: A fiscal year beginning July 1 and ending June 30 of the following calendar year. (Ord. 183, 11-13-2017, eff. 12-13-2017)

3-1-2: LICENSE REQUIRED; FEES; TERM:

   A.   License Required:

      1.   For the protection and general welfare of the inhabitants of the Town, it is hereby declared that every business conducted within the Town shall not engage in business in the Town without first obtaining a business license as hereinafter provided.

      2.   All new business license applications will be reviewed for approval by the Town Council at the next scheduled Town meeting after application is completed and paid. The Town Council will vote to approve any new business license to be issued by simple majority.

      3.   Annually, during the April Town meeting, the Town Council will review a list of all business license renewals and either approve or decline the reissue of any business license by a vote of simple majority. The Town Council may decide to decline any business license, whether a new application or a renewal for any reason. If any business or businesses is/are to be declined, a vote will be made for the approved list and another vote to decline the businesses the Council selects for the decline list. Each list will be voted separately.

   B.   Schedule Of Fees:

      1.   For all businesses except those listed below, the annual business license fee shall be twenty five dollars ($25.00).

      2.   For transient/itinerant retail merchants, the license fee shall be forty dollars ($40.00).

      3.   For home businesses, the license fee shall be twenty five dollars ($25.00).

      4.   There shall be no proration of license fees.

   C.   License Renewal: All business licenses herein shall expire on June 30 of the fiscal year in which the license is issued.

   D.   Manner Of Payment: All license fees herein provided for are payable in advance to the Town Clerk-Treasurer.

   E.   Term: In no case shall the license be granted for longer than one fiscal year (July 1 to June 30). (Ord. 183, 11-13-2017, eff. 12-13-2017)

3-1-3: BUSINESSES EXEMPT:

All businesses within the Town limits shall obtain a business license, unless such person is expressly made exempt by the laws of the State from licensing authority by the Town. (Ord. 183, 11-13-2017, eff. 12-13-2017)

3-1-4: DUTIES OF THE CLERK-TREASURER:

   A.   Duties: The Town Clerk-Treasurer shall maintain the blank Valier business license application forms, require the applicant to complete the form, collect the business license fees, record the transaction and issue a receipt, include the license to be considered on the Town Council meeting agenda for the next Town meeting and provide the application for the Council's consideration. If approved, the Clerk-Treasurer will complete the license number, the date issued and expires date on the application and issue the license to the business representative within ten (10) days of the approval.

   B.   Application For License: All businesses required to be licensed by this chapter will complete the Valier business license application provided by the Town Clerk-Treasurer. Each application shall contain the following information:

      1.   The full business name, permanent address and phone number of the applicant.

      2.   The location or locations of the business in the Town, providing the street address, phone number and the name of the person in charge at each location.

      3.   The length of time a daily/transient business license will be doing business in Town.

      4.   If the party actually applying for a license is the agent or representative of the applicant, the full name, address and phone number of said agent or representative, and the full name, address and phone number of the principal, if different than that of the applicant.

   C.   Issuance Or Denial Of License: It shall be the duty of the Town Clerk-Treasurer to issue a business license within ten (10) days of the Town Council's approval of the application, unless an inspection by the Pondera County Sanitarian, the Valier Fire Department, or the Chief Operator of the Valier Public Works Department indicates a violation of a Town ordinance, State law, or regulation existing at the place of business sought to be licensed. A written description of said violation specifying the steps necessary to qualify the premises for license shall be furnished to the applicant by the Town Council through the Town Clerk-Treasurer. (Ord. 183, 11-13-2017, eff. 12-13-2017)

3-1-5: FAILURE TO RENEW; LATE CHARGE:

Failure to renew a business license in a timely manner shall result in the following delinquent charges:

   A.   A business license reminder will be forwarded to each business that the Town Council approves for continued licensing in June of the fiscal year prior to the renewal year. Licenses are due and payable on July 1 of the current fiscal year.

   B.   If a business license renewal is not paid prior to September 1 of the fiscal year due, an additional charge of five dollars ($5.00) will be assessed, and an additional five dollars ($5.00) will be added for every month beyond September of the fiscal year due.

   C.   Nothing contained in this section shall prohibit the Town from suspending or revoking a business license for failure to renew said license within twelve (12) months after the date the license fees were due. (Ord. 183, 11-13-2017, eff. 12-13-2017)

3-1-6: SEPARATE LICENSE FOR MULTIPLE BUSINESSES, BRANCH ESTABLISHMENTS:

   A.   Multiple Businesses: Any person licensed by the Town conducting more than one business at a time shall be required to purchase a license for each business that they operate.

   B.   Branch Establishments: A license shall be obtained in the manner herein provided for each branch establishment or location of a business; provided, however, that warehouses and distributing plants used in connection with and incidental to a licensed business, where no sales are made, shall not be deemed to be a branch establishment. Drive-in banking locations are not considered separate locations for existing banking institutions. (Ord. 183, 11-13-2017, eff. 12-13-2017)

3-1-7: CHANGE OF LOCATION:

A licensee shall have the right to change the location of the licensed business, provided the new location complies with the requirements of the ordinances of the Town. (Ord. 183, 11-13-2017, eff. 12-13-2017)