Chapter 5.08
ALCOHOLIC BEVERAGES
Sections:
5.08.030 Licenses--Applications.
5.08.050 Uses for license fees--Protection of life and property fund.
5.08.010 Definitions.
Whenever used in this chapter the words and phrases set out in Section 2 of Chapter 84 of the Laws of the 25th Legislative Assembly of the state of Montana, 1937, codified as R.C.M. Chapter 4-4 shall be given the interpretation and meaning given to such words and phrases in Section 2, and all other words and phrases used herein shall be given their usual and ordinary meaning according to the common understanding and usage of the English language. (Ord. 18 (part), 1967)
5.08.020 Licenses--Fees.
A. All licensees of the Montana Liquor Control Board licensed to sell liquor at retail in the town shall pay therefor to the town fifty percent of the amount paid to the state of Montana for the license to sell liquor at retail from Montana Liquor Control Board, that is to say:
1. Fraternal organizations, twenty-five dollars per year;
2. All other licenses, one hundred dollars per year.
B. The town will make such proportionate refund of any license paid under this chapter as is made by the state, if any, for a part of a year, when such license may be ineffective to permit operations under it, upon like license issued by the 25th Legislative Assembly of the state of Montana, 1937, under the provisions of which this chapter is adopted.
C. No license shall be issued by the town under this chapter unless the applicant therefor is licensed by Montana Liquor Control Board to sell liquor at retail in the town; and any license issued under this chapter shall be subject to all of the previous provisions of Chapter 84 of the Laws of the 25th Legislative Assembly of the state of Montana, 1937, codified as R.C.M. Chapter 4-4, all of the rules and regulations of Montana Liquor Control Board adopted and promulgated pursuant to the provisions of Section 22 of Chapter 4-4, and all of the provisions of this chapter, and all other applicable chapters of the town where not in conflict with the provisions of Chapter 84, and rules and regulations of this chapter. (Ord. 18 (part), 1967)
5.08.030 Licenses--Applications.
Applications for license under the provisions of this chapter shall:
A. Be in writing, signed and sworn to by the applicant before a person authorized to administer oaths, and be substantially in the following form:
1. Statutory provisions--general authority, see R.C.M. 11-3210; express authority, see R.C.M. Chapter 4-4.
CITY OF WEST YELLOWSTONE, MONTANA Application for License to Sell Liquor at Retail Under Chapter 5.08 of the West Yellowstone Code Date
I,_________________________, hereby make application to the Town Council of the Town of West Yellowstone for a license to sell liquor at retail in the Town of West Yellow stone at the premises known and designated as in said town, and I hereby state:
That I am the holder of a license from Montana State Liquor Control Board to sell liquor at retail in the Town of West Yellowstone at the above described premises.
That said license is dated ___________, 19___, and is Numbered ___
That said license is in full force and effect and has not been suspended nor revoked.
I agree that if the license hereby applied for is granted it
1. Shall expire May 31, 19__, as long as the licensee is a holder of a license issued by the Montana State Liquor Control Board.
2. Shall be subject to all of the provisions of Chapter 84 of the Laws of the 25th Legislative Assembly of the State of Montana, all rules and regulations adopted and promulgated by the Montana Liquor Control Board pursuant to the the provisions of Section 22 of said Chapter 84, all of the provisions of Chapter 5.08 of the Town of West Yellowstone under which this application is made, and all other applicable ordinances of the Town of West Yellowstone where not in conflict with the provisions of said Chapter 84 and said rules and regulations.
3. Shall stand suspended or revoked upon suspension or revocation of the license from Montana Liquor Control Board hereinabove referred to and described.
4. Shall not be transferable.
The fee of $100.00 for the license hereby applied for accompanies this application and is tendered herewith. ____________________(Signed)
Subscribed and Sworn to before me this day of 19____
B. Such application shall be filed with the clerk of the town and be presented by the clerk to the town council at is first regular meeting after such filing. (Ord. 18 (part), 1967)
5.08.040 Licenses--Form.
Any license issued under the provisions of this chapter shall be substantially in the form following, to-wit:
CITY OF WEST YELLOWSTONE, MONTANA
Retail Liquor License
__________________________ is hereby licensed to sell liquor at retail at the premises known and described as _______________, West Yellowstone, Montana, subject to all of the provisions of Chapter 84 of the Laws of the 25th Legislative Assembly of the State of Montana, 1937, the rules and regulations adopted and promulgated by Montana Liquor Control Board pursuant to Section 22 of said Chapter 84, of all of the provisions of Chapter 5.08 of the Code of the Town of West Yellowstone, and all other applicable ordinances of the Town of West Yellowstone, where not in conflict with the provisions of said Chapter 84, and said rules and regulations.
This license runs from June 1, 19 ___ to May 31, 19__, as long as the Licensee is a holder of a license issued by the Montana State Liquor Control Board.
This license must be posted in a conspicuous place in the premises above described and alongside the license from Montana Liquor Control Board as above dated and numbered.
_____________________
Town Clerk
Town of West Yellowstone
(Ord. 18 (part), 1967)
5.08.050 Uses for license fees--Protection of life and property fund.
Fees and fines collected under this chapter shall be allocated to the "Protection of Life and Property Fund" of the town, it being hereby recited that licenses imposed under the provisions of this chapter are exclusively for the purpose of defraying the cost of necessary police regulation, inspection and control under the police power of the town, for the safety, health, peace, quietness and good order of the town and the inhabitants thereof. All fees provided for in this chapter are in addition to any and all other license fees required to be paid under any other ordinance of the town. (Ord. 18 (part), 1967)
5.08.060 Sale of beer.
Hereafter all licensed establishments wherein beer as defined by subsection (b) of Section 4-302, Revised Codes of Montana, 1947, is sold, offered for sale or given away at retail shall be closed during the following hours:
A. Sunday from two a.m. to one p.m.;
B. On any other day between two a.m. and eight a.m.;
C. On any day of a biennial general or primary election at which state and national officers are elected, during the hours when the polls are open, but not upon the day of any other election. (Ord. 20 (part), 1967)
5.08.070 Sale of liquor.
No liquor shall be sold, offered for sale or given away upon any premises licensed to sell liquor at retail during the following hours:
A. Sunday, from two a.m. to one p.m.;
B. On any other day between two a.m. and eight a.m.;
C. On any day of a biennial general or primary election at which state and national officers are elected, during the hours when the polls are open, but not upon the day of any other election. (Ord. 20 (part), 1967)