TITLE 3

 

BUSINESS AND LICENSE REGULATIONS

 

 

Subject                                                                   Chapter

General Business Licenses............................................ 1

Liquor Control.................................................................. 2

Beer And Wine............................................................ 2A

Itinerant Vendors, Transient Retail

Merchants, Hucksters.................................................... 3

Public Dancing................................................................ 4

 

 

 

 

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CHAPTER 1

 

GENERAL BUSINESS LICENSES

 

 

 

SECTION:

 

3-1-1:               License Fees

 

 

 

3-1-1:               LICENSE FEES: License fees shall be as follows:

 

  • Carnivals: The license fee for the operation of all carnivals within the limits of the town shall be the sum of two hundred dollars ($200.00) for the first or initial day of operation of the same with an additional sum of fifty dollars ($50.00) for each and every subsequent day of operation or fractionthereof.

 

  • Circuses: The license fee for the operation of all circuses within the limits of the town shall be the sum of two hundred dollars($200.00)

for the first or initial day of operation of the same, with an additional sum of fifty dollars ($50.00) for each and every subsequent day or fraction thereof; provided also, that all circuses and shows employing or exhibiting animals of any kind shall pay for the watering of the  same the sum of fifty dollars ($50.00) for each and every day or fraction thereof that the said circus or show is  in  operation  or camped so as to use the water from the town system. (Ord. 199;  amd. Ord., 10-2-2007)

 

 

 

 

 

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CHAPTER 2 LIQUOR CONTROL

ARTICLE A.  BEER  AND WINE

 

 

 

 

 

SECTION:

 

3-2A-1:

3-2A-2:

3-2A-3:

3-2A-4:

 

 

 

Duty To Enforce; State Law Adopted Business Hours Regulated Prohibited Sales Location

Violation

 

 

 

 

3-2A-1:            DUTY TO ENFORCE; STATE LAW ADOPTED: The town

recognizes the right to enact certain ordinances in the regulation of the sale of alcoholic beverages pursuant to Montana Code Annotated title 16, chapters 3 through 6, and the administrative rules of Montana title 42, chapter 13. The town adopts herein, by reference, all rules and regulations pertaining to beer and wine found in Montana Code Annotated title 16, chapter 3 and the administrative rules of  Montana  title 42, chapter 13. (Ord. 2008-5, 9-2-2008)

 

 

3-2A-2:            BUSINESS HOURS REGULATED:

 

  • All licensed establishments where beer or wine is offered for sale at retail shall be closed each day from two o'clock (2:00) A.M. to eight o'clock (8:00)A.M.

 

  • During the hours said licensed establishments where beer or wine is sold at retail shall be required by this section to be closed, it shallbe

unlawful to sell, offer for sale or give away any beer or wine, during such closed hours. During said closed hours all persons except employees and owners of such licensed establishments shall be excluded therefrom; however, when a licensed establishment is operating in conjunction with another lawful business other than the sale of beer or wine, then such other lawful business need not be closed, but only the part thereof where such beer or wine is sold.  (Ord. 2008-5, 9-2-2008)

 

 

 

 

December 2008

 

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3-2A-3:            PROHIBITED SALES LOCATION: A business, licensed to sell beer  or  wine, shall not conduct such  a business  of selling

beer or wine in a residence within town. (Ord. 2008-5, 9-2-2008)

 

 

3-2A-4:            VIOLATION: It shall be unlawful or a misdemeanor for any person to violate any provision in this chapter. Each day a

person is in violation of this chapter shall be construed as a separate misdemeanor offense. (Ord. 2008-5, 9-2-2008)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

December 2008

 

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CHAPTER 3

 

ITINERANT VENDORS, TRANSIENT RETAIL MERCHANTS,HUCKSTERS

 

 

 

SECTION:

 

3-3-

1:

Definitions

3-3-

2:

License Required; Fees

3-3-

3:

Exceptions To Business License Fee Requirements

3-3-

4:

Application

3-3-

5:

Bond

3-3-

6:

Issuance Of License

3-3-

7:

Council May Refuse

3-3-

8:

Exhibition Of License

3-3-

9:

Suspension; Revocation

 

3-3-10:

3-3-11:

3-3-12:

3-3-13:

3-3-14:

3-3-15:

 

3-3-16:

3-3-17:

3-3-18:

3-3-19:

 

Affidavit; Cash Bond Duty Of Treasurer Inspection

Exercise Of General Police Power Interstate Commerce

Conducting Business During Sidewalk Vending Events; License Required

Applicability Of Chapter Rules Rental A.K.A. User Agreements Proof Of State Health Requirements Penalty

 

 

 

 

 

3-3-1:               DEFINITIONS:    Unless     the    language     or                               context    clearly indicates that different meanings are intended, the following

words, terms and phrases shall, for the purpose of this chapter,  be  given  the meanings hereinafter subjoined:

 

 

CONSUMER:

 

 

HUCKSTER:

 

One who uses, and by using destroys the value of the article purchased.

 

Any person engaged or employed in the busi­ ness of buying and selling farm products who

 

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disposes of such products by selling them at retail to consumers by going from house to house.

 

 

ITINERANT VENDOR:

 

 

 

 

 

 

 

 

TEMPORARY PREMISES:

 

 

 

 

TRANSIENT RETAIL MERCHANT:

 

Any person engaged or employed in the busi­ ness 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.

 

Any hotel, rooming house,  storeroom,  building or any part of any building whatsoever, tent, vacant lot, freight station, railroad car, motor truck, trailer or other vehicle, or any public or quasi-public place temporarily occupied for busi­ ness.

 

Every person, firm or corporation acting for him­ self or itself or representing any other person, firm or corporation who or which brings into temporary premises a stock of goods, wares, articles of merchandise, notions,  or  other articles of trade and who or which solicits, sells, offers to sell, or exhibits for sale such stock of goods, wares, articles of merchandise, notions, or other articles of trade at retail. (Ord. 190, 10-10-1936; amd.  Ord., 10-3-2000; Ord.,

10-2-2007)

 

 

 

  1. LICENSE REQUIRED; FEES: Under and by virtue of  the power and authority vested in the town by the laws of the

state of Montana, and in aid of the police power  and regulation of the town,  it is hereby ordained that any and every person who shall conduct, operate, transact, engage in or carry on any part of the industries, trades, pursuits, professions, vocations or businesses within the town hereinafter specified and enumerated, shall first apply for and obtain a license therefor from the town, as herein provided, and, if such application for  license  be granted, shall pay thereafter as follows: (Ord., 10-3-2000)

 

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  • Itinerant Vendor: Each itinerant vendor desiring to do business in the town shall, before commencing any business, pay to the town treasurer the sum of fifty dollars ($50.00) for a license to conduct the itinerant vending business for a period of seven (7) days fromthe date the license is issued. (Ord. 2008-5,9-2-2008)

 

  • Transient Retail Merchant: Each transient retail merchant desiring to do business in the town shall, before commencing business, pay to the town treasurer the sum of fifty dollars ($50.00) for each week or fraction thereof, to be paid in advance tothe town treasurer.

 

  • Huckster: Every huckster desiring to do business in the town must, before commencing such business, pay to the town treasurerthesum of fifty dollars ($50.00) for a license to conductsuch businessfor a period of seven (7) days from the date such license is issued. (Ord.,10-2-2007)

 

  • Yearly License: Notwithstanding the previous prov1s1ons in this section, any itinerant vendor, transient retail merchant or huckster desiring to do business within the town may purchase a businesslicense valid for the entire calendar year. This yearlybusinesslicense may be purchased at any time throughout the year during the town's regular business hours. Regardless of when purchased during the year, his yearly business license ends at the end of the day on December 31 in the year the license is issued.  The  business  or entity shall pay to the town treasurer a license fee, in the sum of two hundred fifty dollars ($250.00) before doing business under this  yearly license.

 

  • Exception; Local Transient Retail Merchants: As an exception to sub­ section D of this section, all residents of town, and all persons, residing within ten (10) miles from the corporate town limits, before commencing any business as transient retail merchants, shall pay to the town treasurer the sum of fifty dollars ($50.00) for ayearly

business license. This yearly business license may be purchased at any time throughout the year during the town's regular business hours. Regardless of when purchased during the year, this yearly business license ends at the end of the day on December 31 in the year the license is issued. The exception in this subsection is retro­ active to January 1, 2008. (Ord. 2008-5, 9-2-2008)

 

 

3-3-3          :          EXCEPTIONS      TO   BUSINESS         LICENSE FEE REQUIRE-

MENTS: All entities or groups listed in this section, while carrying on certain business described below, are exempted from the

 

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license fee requirements in this code, but shall obtain a license as required  in this chapter and shall abide by all other requirements in this chapter. "Local" as used in this section means within a ten (10) mile radius from the corporate town limits. These exempted entities or groups are as  follows: (Ord. 2008-5, 9-2-2008; amd. Ord. 2014-01, 9-2-2014)

 

  • All church groups raising money for local activities;

 

  • All school groups raising money for local activities;

 

  • All volunteer groups raising money for localactivities;

 

  • All local communityclubs;

 

  • All local youthorganizations;

 

  • All groups raising money for local charitable contribution; and (Ord. 2008-5,9-2-2008)

 

  • All minors residing within a ten (10) mile radius of the corporate town limits. (Ord. 2014-01,9-2-2014)

 

 

  1. APPLICATION: Every person required by this chapter to obtain a license must, before commencing such business, file

with the town treasurer, an application in writing, subscribed and  sworn  to  by said applicant before an officer of the state authorized to take  oaths, which application must set forth:

 

  • Itinerant Vendor; Transient RetailMerchant:

 

  1. The name of theapplicant;

 

  1. Applicant's place of permanentresidence;

 

  1. Applicant's local headquarters, ifany;

 

  1. Time of applicant's arrival in thetown;

 

  1. Character of license applied for: itinerant vendor or transient retail merchant;

 

  1. City or county from which last license, if any, wasreceived;

 

  1. Whether acting as principal, agent, oremployee;

 

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  1. If acting as agent or employee, the name and place of business of applicant's principal oremployer;

 

  1. Brief description of articles to be offered forsale;

 

 

 

 

 

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  1. Whether payment or deposits of money are collected whenorders are taken or in advance of final delivery;and

 

  1. Period for which license isrequested.

 

 

  1. Name ofapplicant;

 

  1. Applicant's place of permanentresidence;

 

  1. Whether acting as principal, agent, or employee;and

 

  1. If acting as agent or employee, the name and place of applicant's principal oremployer.

 

  • Fee: At the time of filing the application, such applicant must accompany the application above provided with the sum specified in section 3-3-2 of this chapter as the fee for the characterand periodof license applied for, and if such applicant is an agent, suchapplicant must further accompany such applications with principal's acknowledgment of such agency. (Ord.,10-2-2007)

 

 

  1. BOND: Every application for a license as required by this chapter for taking orders for future delivery and collecting

advance payments, deposits or guarantees thereon, under the terms of the preceding sections, shall be accompanied by a bond in  the penal sum  of  two hundred fifty dollars ($250.00) to the town treasurer, executed by  a surety company licensed to do business in this state, or by two (2) responsible freeholders residing in the county of Granite, state of Montana, and whose names appear upon the assessment roll of  said county  (or, in lieu thereof, a cash bond of equal value) and to be approved by  the treasurer, conditioned upon making a final delivery of the goods, wares or articles of merchandise, or magazines, or notions, or other articles of  trade, or farm, orchard, vineyard or garden products, in accordance with the terms of such order, or failing therein, that the monies advanced by his customers be refunded. Any person aggrieved by the action  or  misrepresentation of any such temporary merchant shall have  a right of  action on the bond  for the recovery of his money advanced or damages and  costs.  Such bond shall remain in full force and effect for a period of six (6) months after the expiration of any such license, and shall be held to assure only business transacted under the authority of the license issued pursuant to the application which such bond accompanied. (Ord. 190, 10-10-1936; amd. Ord., 10-3-2000)

 

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  1. ISSUANCE OF LICENSE: Upon filing of the application prescribed  in  section  3-3-4  of  this  chapter,  accompanied, if

necessary under the terms of this chapter, by the bond required by section 3-3-5 of this chapter, and upon payment to the treasurer of the  sum  of money required by section 3-3-2 of this chapter, and upon the filing of the affidavit, the treasurer shall immediately deliver such application and accompanying documents to the clerk who thereupon shall, subject to the provisions of section 3-3-7 o1 this chapter, issue and deliver  to  the  applicant, a license to carry on  the business  described  in such  application in the town, for the period applied for. Such license shall be non­  transferable, and shall have printed on the face thereof, in bold type, the  word "NONTRANSFERABLE". The clerk shall endorse upon each applica­ tion, the date of issuance of the license, and shall immediately file such application and accompanying documents, in his office and keep an appropriate index thereof which shall show the date filed, the name of the applicant, and an appropriate reference to the file number by which said application and accompanying papers may be  found.  (Ord.  190, 10-10-1936; amd. Ord., 10-3-2000)

 

 

  1. COUNCIL MAY REFUSE: The clerk, in his discretion, may hold the application for license, so delivered to him by the

treasurer under section 3-3-6 of  this chapter until the next regular  meeting  of the council following his receipt of such application and accompanying documents. The council may, in its discretion, decline to authorize such license, if in the judgment of the council, it  will be for the best interests  of  the town to refuse such license. Upon such refusal the license fee paid by  the applicant and all documents filed by him or it, other than such applica­ tion, shall be returned to the applicant. (Ord. 190, 10-10-1936; amd. Ord., 10-3-2000)

 

 

  1. EXHIBITION OF LICENSE: Every licensee, doing business under the provisions of this chapter, must, upon demand of

the town, its agent, or any law enforcement officer, exhibit his license, and permit the same to be then and there read by the person making such demand, and every licensee doing business under the provisions in this chapter, shall at all times keep said license conspicuously posted in or upon his place of business. Any such licensee  who shall fail or  refuse to  exhibit  or post his license as required herein has acted unlawfully and is guilty of a misdemeanor. A person who violates this section shall be subject  to a fine not to exceed five hundred dollars ($500.00) or imprisonment not to exceed six (6) months, or both such fine and imprisonment for each misdemeanor

 

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offense. Each day a person is in violation of this section shall be construed  as a separate misdemeanor offense. (Ord. 2008-5, 9-2-2008)

 

 

  1. SUSPENSION; REVOCATION: Whenever in the judgment of the  mayor  of  the  town  any  licensee  under   this  chapter  is

conducting the industry, pursuit, profession, occupation, vocation, business and/or trade, so licensed, in a manner which violates any ordinance or regulation under the general police power of the town, or in any manner detrimental to the public health, morals or welfare, he may suspend such license by notice to  that effect, personally  served upon the licensee  or left at his place of business with the person in charge thereof. Such  licensee shall thereupon stand suspended. At the next regular meeting of the council or at any special meeting thereof  called for this purpose,  such  suspension of such license shall be taken up and considered by  the  council.  The council shall then have the power and authority to vacate such suspension, continue the suspension for any period not exceeding sixty (60) days, or revoke such license, by majority vote of the council entered upon  the minutes of the proceedings of the council, a copy of which order shall be personally served upon the licensee, or left at his place  of  business  with any person in charge thereof, and such license shall thereupon stand renewed, suspended or revoked, as in such order specified. When revoked, the balance of the license fee collected thereon shall be refunded to the licensee upon claim or demand; provided, that such claim and demand for refund is made by such licensee within thirty (30) days after such revoca­ tion; otherwise the same shall not be refunded.  (Ord.  190,  10-10-1936; amd. Ord., 10-3-2000)

 

  1. AFFIDAVIT; CASH BOND: Because persons engaged or employed in going from place to place, and/or house to

house, and/or at temporary premises, carrying for sale, offering for sale or exposing for sale, either at wholesale or retail, farm, orchard,  vineyard  and/or garden products, frequently come from and reside at long distances from the town and frequently assert that such products were produced or grown by them, when in fact such products were not so produced or grown  by them, and it is impossible to investigate the truth of their  assertions prior to the sale, offering for sale or exposing for sale of  such  products,  therefore, for the better enforcement of this chapter, it  is hereby  provided that every person or persons engaged or employed in going from place to place, and/or house to house, and/or at temporary  premises,  who carries  for sale, offers for sale or exposes for sale, either at wholesale  or  retail, farm, orchard, vineyard or garden products, residing or having his place of business more than fifty (50) miles from the town, and who claims to have produced or grown such products, shall, upon demand of the chief of police

 

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or of any police officer, sign and swear to an affidavit stating the facts showing him to be such producer and grower of such products, and deposit such affidavit, together with a cash bond in the sum of one hundred dollars ($100.00) with the town judge. Such town judge shall thereupon issue a receipt to said person for such cash bond. If  within  thirty  (30)  days thereafter he shall produce before the said town judge  three (3)  witnesses, or shall furnish said judge with the depositions of three (3)  witnesses, properly sworn to and verified, in proof of the facts  which  show him  to be  the producer or grower of such products within the exemption  of  this  chapter, and shall surrender said receipt, said town judge shall refund such cash bond to the person who deposited the same; and if such person shall  fail to produce such proof within such thirty (30) days, said bond shall be declared forfeited and shall be credited to the fund hereinafter  mentioned. Any person who by this section is required to deposit  such  affidavit  and cash bond and who on such demand fails or refuses to deposit  the same as in this section provided, shall be subject to penalty as in this code provided. (Ord. 190, 10-10-1936; amd. Ord., 10-3-2000; Ord., 10-2-2007)

 

 

  1. DUTY OF TREASURER: The treasurer of the town shall be charged with the collection of the licenses herein provided for,

and the application for license, accompanied by the fee  therefor,  shall be filed with such treasurer of the town. The treasurer  shall prepare  all blanks for application and for license, and all books of account in connection therewith, and all expense in connection with the administration of this chapter shall, so far as possible, be charged against the funds  collected under this chapter. (Ord. 190, 10-10-1936; amd. Ord., 10-3-2000)

 

 

  1. INSPECTION: Every person licensed under the provisions of this chapter shall be subject to regulation, inspection, control

and supervision under the general police power of the town, and all of the provisions of this code or which may hereafter be adopted, in aid of such police power and regulation; and each and every such license shall  be subject to suspension and revocation as hereinbefore provided. (Ord. 190, 10-10-1936; amd. Ord., 10-3-2000)

 

 

  1. :It ishereby

declared that the  industries, pursuits,  professions, occupations, vocations, businesses and/or trades required to  procure licenses under this chapter require special  regulation,  inspection,  control and protection under the general police power  ot the town, and, on account of such special service, it is estimated that there is chargeable to such

 

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industries, pursuits, professions, occupations, vocations, businesses and/or trades, all of the cost of administration and control of this chapter. All of the funds paid or collected under the provisions of this chapter shall  be deposited and kept in the general fund of the town, and there shall be also deposited in said fund all fines and penalties collected or paid under this chapter into the court of the town judge, and from the money so collected, paid or deposited shall be paid all of the expenses of the administration of this chapter. (Ord. 190, 10-10-1936; amd. Ord., 10-3-2000)

 

 

  1. INTERSTATE COMMERCE: Nothing in this  chapter contained is intended to operate so as to interfere with the

power of congress of the United States to regulate commerce between the states as such power is defined by the supreme court of the United States. (Ord. 190, 10-10-1936; amd. Ord., 10-3-2000)

 

 

3-3-15  :            CONDUCTING BUSINESS DURING SIDEWALK VENDING EVENTS; LICENSE REQUIRED:

 

  • License Requirements; Sidewalk Vending Defined: It shall be unlaw­ ful and a misdemeanor to conduct any type of business on town streets, alleys or public properties, without a  sidewalk  vending license having been issued by the town clerk and having  been granted express written consent granted pursuant to subsection D of this section. "Sidewalk vending" as defined in this section is a fundraising event so designated by the council  with the consent  of the mayor that takes place on Broadway Street from 213 West Broadway Street to 304 East Broadway Street or on any public prop­ erty within the town. The requirements for the sidewalk vending license fee and issuance of the sidewalk vending license shall be set forth in subsequent subsections herein.

 

  • Duration Of License: A sidewalk vending license shall only be validfor seven (7) consecutive calendar days. The person or entity purchasing the license shall notify the town clerk ofthespecific seven (7) days or portion thereof for which the sidewalk vending license is desired. The time period in which any such license is valid for shall be printed on the sidewalkvending license document.

 

  • License Fee: The fee for the sidewalk vending license shall be the amount of fifty dollars ($50.00) which shall be paid to the town treasurer prior to being issued, and the license shall not be valid for more than seven (7) consecutive calendar days. (Ord. 2009-1, 5-5-2009; amd. Ord. 2014-01,9-2-2014)

 

 

 

 

January 2015

Town of Philipsburf{

 

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  • Use OfSidewalks:

 

  1. The sidewalk area in front of any business place or private prop­ erty adjoining the sidewalkmay be used bythat particularbusiness or private property owner for purposes of conducting any type of business on a temporary basis, during such sidewalk vending and/or other fundraising events within the town, as designatedbythecouncil with the consent of the mayor. The sidewalk area in front of each business place or property adjoining the sidewalk shall not be deemed public property or part of the street or alley for purposes of this section. No person or entity shall usethe sidewalkareain front of any such business place or private property that adjoins the side­ walk for conducting any type of business purposewithouttheexpress written consent of the business place owner, private prop­erty owner, or the owner's agent. In the event of a leasehold, the lessee or his/her agent's consent is required unless the applicable lease agreement states otherwise. Business place as used herein shall include all government or quasi-government buildings and offices. (Ord. 2009-1, 5-5-2009; amd. Ord. 2010-5, 10-5-201O; Ord. 2014-01, 9-2-2014)

 

  1. The sidewalk area in front of a business place that adjoins the sidewalk may be used by that particular business for purposes of conducting business on a temporary basis, during such sidewalk vending and/or other fundraising events within the town, as desig­ nated by the mayor with the consent of the council. However, it shall be required that at least sixty inches (60") of width of the sidewalk space is totally clear and unobstructed from the sidewalk level up to eight feet (8') in height. (Ord. 2010-5, 10-5-2010; amd. Ord. 2014-01, 9-2-2014)

 

  • Limited Exception: The license requirements insubsectionsA through C of this section do not apply to anybusinesslicensedunder section 3-3-2 of this chapter or any person, entity or group exempt from a business license under section 3-3-3 of this chapter; however, the provisions of subsection D of this section apply to all personsandentities.·

 

  • Conflict Of Law: To the extent that this section conflicts with any part or provision in this code, then the other part or provision of this codeis superseded and amended thereby. (Ord. 2009-1,5-5-2009)

 

 

 

 

 

 

 

January 2015

 

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  1. APPLICABILITY OF CHAPTER RULES: The license require- ments in this chapter only apply to those businesses conduct­

ing business on public property and itinerant vendors on private property  who are not expressly authorized by the private landowner or the landowner's agent or lessee to conduct such business. (Ord. 2014-01, 9-2-2014)

 

 

  1. RENTAL A.K.A. USER AGREEMENTS: All persons or

entities who conduct business on town property must be preauthorized to act by the town and must enter a rental a.k.a. user agree­ ment with the town as required in a companion town resolution, as may be amended from time to time. The party entering into the rental a.k.a. user agreement with the town must follow all terms and conditions stated therein. (Ord. 2014-01, 9-2-2014)

 

 

  1. PROOF OF STATE HEALTH REQUIREMENTS: All persons

or entities applying for a license in this chapter must first provide written proof that the business has all applicable  state  health permits and licenses, including all applicable catering licenses or temporary food permit. The requirements in this section are also a prerequisite to all those vending on town property and such license and permits will  be required by the town and will also be required in the applicable rental a.k.a. user agreement. Such permits and licenses shall also be displayed as required by law. (Ord. 2014-01, 9-2-2014)

 

 

  1. PENALTY: Any violation of this chapter by an owner or operator of any business shall be unlawful and a misde­

meanor. Each day an owner or operator is in violation of this  chapter  shall be considered a separate misdemeanor offense. Any person found guilty of violating any provision of this chapter shall be subject to a fine  not  to  exceed five hundred dollars ($500.00), (Ord. 2014-01, 9-2-2014)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

January 2015

 

 

 

 

3-4-1                                                                                                                   3-4-2

 

CHAPTER 4

 

PUBLIC DANCING

 

 

 

SECTION:

 

 

3-4-1:

3-4-2:

3-4-3:

3-4-4:

3-4-5:

3-4-6:

 

Definition Age Limit

Intoxicating Liquor Prohibited Hours Permissible

Musicians Restricted Private Parties Exempt

 

 

 

 

 

3-4-1:               DEFINITION: The term "public dance" or "public  ball"  as used in this chapter shall be taken to mean any dance or ball

to which admission can be had by payment of a fee or by the purchase, possession or presentation of a ticket or token for which a charge is made  for the care of clothing or other property, or any other dance to which the public generally may gain admission with or without the payment of a fee. The term "public dance hall" as used herein shall be taken to mean any room, place or space in which a public dance or public ball shall be held, or hall or academy in which classes in dancing are held and instructions in dancing are given for hire. (Ord. 156, 7-15-1918; amd. 1972 Code)

 

 

 

3-4-2:

 

A.

 

AGE LIMIT:

 

It shall be unlawful for any person who has not reached the age of eighteen (18) years to attend or be present at any public dance after the curfew set by section 5-3-7 of this code,  unless  such a minor be in the company of a parent or a person of the age of  majority  who has temporary parenting rights under a legal power of attorney document.

 

 

  • It shall be unlawful for any person to represent himself, whether at a public dance or not, to any law enforcement officer, ashaving reached the age of eighteen (18) years of age when, in fact, said person has not yet reached this representedage.

 

 

 

 

December 2008

 

3-4-2                                                                                                                   3-4-6

 

  • It shall be unlawful for any person to represent himself, to any law enforcement officer, as being the parent of a particular minor child  who is attending a public dance after the curfew  set by section 5-3-7 of this code, when, in fact, this person is not the parent of the  particular minor child.

 

  • It shall be unlawful for any person to present a forged power of attorney document to any law enforcement officer, misrepresenting himself to any law enforcement officerthathe is an attorneyin fact for the parent of a minor child who is attending a public dance afterthe curfew set by section 5-3-7 of thiscode.

 

  • "Parent" as used in this chapter is defined the same as in section 5-3-4 of this code. (Ord. 2008-5, 9-2-2008)

 

 

  1. :No intoxicatingor

alcoholic liquors shall be brought into or sold, served or drunk in or at any public dance or in or at any public dance hall or  rooms  connected therewith, or in any building in which such dance is had.  (Ord. 156, 7-15-1918; amd. 1972 Code)

 

  1. HOURS PERMISSIBLE: It shall be unlawful for any person, persons, society, club or corporation to hold a public dance or

public ball within the limits of the town, or to run the  same  or  allow  the same to be run after the hour of one thirty o'clock (1:30) A.M. (Ord. 156, 7-15-1918; amd. 1972 Code)

 

 

  1. MUSICIANS RESTRICTED: It shall be unlawful for any orchestra, musician or musicians to play for or at any public

dance or ball after the hour of one thirty o'clock (1:30) A.M., for hire or otherwise. (Ord. 156, 7-15-1918; amd. 1972 Code)

 

 

  1. PRIVATE PARTIES EXEMPT: The provisions of this chapter shall in no way interfere with or be construed to apply to

private parties given at the homes of people. (Ord. 156, 7-15-1918; amd. 1972 Code)

 

 

 

 

 

 

 

 

 

 

 

December 2008

 

 

 

Town of Philipsburg