Except as otherwise provided by this Code or any other ordinance of the City, it shall be unlawful for any person to own, operate or maintain more than one business, trade or occupation at the same location without first obtaining a separate license and paying the required fee for each separate business, trade or occupation.
Every license issued under the provisions of this chapter shall contain the date of issuance and expiration thereof, name of business, trade or occupation licensed and the amount of fee paid therefor. Every such license shall clearly show on its face the purpose for which it was issued and it shall be signed by the City Clerk and the Mayor.
(R.O. 1947 § 872)
No license issued under the provisions of this chapter shall be transferred without the approval of the Mayor, or in case of his or her refusal to approve, by a vote of the City Council by a 2/3 vote of all the members elected to the Council.
(R.O. 1947 § 848)
A.
Authority: The Mayor may refuse to issue or prohibit the issuance of any license applied for under the provisions of this chapter if in his or her judgment the issuance would be liable to provoke a breach of the peace or may be detrimental to public safety, health or welfare of the City. He or she shall also have the right to revoke any license issued under the provisions of this chapter; provided, that the refusal to issue a license or the revocation thereof shall be reported to the City Council at the first meeting of the Council thereafter for its ratification or rejection.
B.
Fee Forfeited: Whenever a license is revoked or annulled, the amount of money paid therefor shall be deemed forfeited to the City and cannot be refunded.
(R.O. 1947 §§ 874, 875)
It shall be unlawful for any carnival, circus, menagerie, dog show, pony show or tent show, traveling from place to place, to exhibit or carry on, or conduct such show in the City or within three miles beyond the limits of the City until the person in charge of the same shall have applied to the City Treasurer for a license therefor and such officer shall have issued such license, for which there shall be paid a fee of $50 for the first day's exhibition thereof, and $50 for each subsequent day's exhibition thereof.
(R.O. 1947 § 838; amd. Ord. 686 § 1)
Every person engaged in the business of selling cigarettes, cigarette papers or material used in making of cigarettes, except tobacco, shall pay a license fee to the City Treasurer of $5 per year.
(R.O. 1947 § 866)
A.
License Required: No soft drink establishment, poolroom, rooming house or restaurant, shall be conducted or maintained in the City unless such business or establishment is licensed as required by this chapter.
B.
Rooming House Defined: The term "rooming house," as used in this chapter, is defined as being any building, not a hotel, in which five or more rooms are let for hire.
(R.O. 1947 §§ 843, 849)
Before the City Treasurer shall issue any license required by Section 15-7 of this chapter, he or she shall require the applicant to pay the following license fee:
For each soft drink establishment, the sum of $2 per annum; for each billiard or pool table operated for hire, the sum of one dollar ($1.00) per quarter, except where conducted in the same place of business with a beer parlor; for each restaurant and rooming house, the sum of $2 annually.
(R.O. 1947 § 845)
Every person owning or operating a bowling alley in the City shall pay to the City Treasurer a license fee of $2.50 per quarter for each alley.
(R.O. 1947 § 850)
The owner or operator of every moving picture theater in the City shall pay to the City Treasurer a license fee of $25 per year.
(R.O. 1947 § 851)
A. Goods, wares, merchandise, services. Public way. Special event. Vendor.
Definitions: When used in this section, the following words, terms, and phrases, and their derivations, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Shall include, but not be limited to, fruits, vegetables, farm products or provisions, dairy products, fish, game, poultry, meat, plants, flowers, appliances, wearing apparel, jewelry, ornaments, artwork, cosmetics and beauty aids, health products, medicines, household needs or furnishings, food of any kind, whether or not for immediate consumption, confections or drinks, camps, training, fundraising, or any time the public or clients are invited to an event upon city property or right-of-way, sponsored by or put on by a group, organization or individual.
All areas legally open to public use such as public streets, sidewalks, roadways, highways, parkways, alleys, parks, as well as the areas surrounding and immediately adjacent to public buildings.
Any occasion including, but not limited to, fairs, shows, parades, exhibitions, citywide celebrations, and festivals taking place within a specifically defined area of the City for a period of time not to exceed three days.
Any person, traveling by foot, wagon, vehicle or any other type of conveyance from street to street carrying, conveying or transporting goods, wares or merchandise and offering and exposing them for sale, or making sales and delivering articles to purchasers; or who, without traveling from place to place, exhibits, displays, sells or offers for sale such products from a wagon, handcart, pushcart, motor vehicle, conveyance or from his or her person while on the public ways of the City of Kalispell. A "vendor" also includes any street vendor, hawker, huckster, itinerant merchant or transient vendor. This definition does not include a door to door peddler or solicitor.
B.
Permit Required: It shall be unlawful for any person to engage in the business of vending upon the public way unless he or she has first obtained a permit from the City of Kalispell Parks Department.
C.
Application for Permit: The application for a vending permit shall contain all information relevant and necessary to determine whether a particular permit may be issued, including, but not limited to:
1.
The applicant's full name, current address, telephone number and proof of identity;
2.
A brief description of the nature, character and quality of goods, wares or merchandise to be offered for sale;
3.
The specific location, if any, in which the vendor intends to conduct business;
4.
If the applicant is employed the name and address of the person, firm, organization, company or corporation; another, the association;
5.
If a motor vehicle is to be used, a description of the vehicle together with the motor vehicle registration number and permit number;
6.
A complete listing of any other permits or permits issued to the applicant by the City within the five years immediately preceding the date of the application;
7.
A copy of applicant's insurance designating the City of Kalispell as an additional named insured for liability purposes at such limits as may be required by the City.
D.
Health Inspection Certificate: Any application for a vending permit to engage in the sale of food or beverages shall also be referred to the Flathead County Health Department for approval and issuance of a State certificate of health inspection in addition to the regular vending permit. The applicant's equipment shall be subject to inspections by the Health Department at the time of application and at periodic intervals thereafter.
E.
Issuance of Permit:
1.
The applicant shall be notified in writing by the Parks Department Director of the City's decision to issue or deny the vending permit not later than five days after the applicant has filed a completed application with the Department.
2.
Each permit shall show the name and address of the permittee, the type of permit issued, the location of permitted use, the kind of goods to be sold, the amount of the permit fee, the date of issuance, the permit number, an identifying description of any vehicle or conveyance used by the permittee, a copy of their liability insurance designating the City of Kalispell as an additional insured, plus, where applicable, the motor vehicle registration number. Each permit shall also show the expiration date of the permit which is issued by the City.
F.
Authorized Vending Zones: Except for special events, or otherwise authorized by this Code, vendors may only sell goods, wares or merchandise or services within the Kalispell City parks at those locations specifically allowed by the permit that is issued.
G.
Special Events: Any vendor wishing to conduct business at a special event only shall apply to the City of Kalispell parks department for a temporary vending permit. Application for such a permit must be made at least three business days prior to the beginning of the event for which the permit is sought. The permit shall be valid only for three consecutive days. Any vendor to whom a temporary permit is granted shall be subject to the same operating regulations as all other vendors, except where otherwise specified.
H.
Permit Fees: Any vendor granted a vending permit under this section shall pay an annual permit fee of $100. Vending fees for a special event shall be $25 per event permit.
I.
Removal of Vending Equipment: No vending station, conveyance or other item related to the operation of a vending business shall be located on any City sidewalk or other public way during nonvending hours. Nor shall any vehicle be parked, stored or left overnight other than in a lawful parking place.
J.
Littering and Trash Removal:
1.
Vendors shall keep the sidewalks, roadways and other spaces adjacent to their vending sites or locations clean and free of paper, peelings and refuse of any kind generated from the operation of their businesses. All trash or debris accumulating within 20 feet of any vending stand shall be collected by the vendor and deposited in a trash container.
2.
Persons engaged in food vending shall affix to their vending station, vehicle, pushcart or other conveyance a receptacle for litter that shall be maintained and emptied regularly and marked as being for litter.
K.
Prohibited Conduct: No person authorized to engage in the business of vending under this section shall do any of the following:
1.
Unduly obstruct pedestrian or motor vehicle traffic flow;
2.
Obstruct traffic signals or regulatory signs;
3.
Stop, stand or park any vehicle, pushcart or any other conveyance upon any street for the purpose of selling during the hours when parking, stopping and standing have been prohibited by signs or curb markings;
4.
Leave any conveyance unattended at any time or store, park, or leave such conveyance in a public space overnight;
5.
Use any conveyance that when fully loaded with merchandise, cannot be easily moved and maintained under control by the permittee, his or her employee, or an attendant;
6.
Sound any device that produces a loud and raucous noise or operate any loudspeaker, public address system, radio, sound amplifier, or similar device to attract public attention;
7.
Conduct his or her business in such a way as would restrict or interfere with the ingress or egress of the abutting property owner or tenant, create a nuisance, increase traffic congestion or delay, constitute a hazard to traffic, life or property, or obstruct adequate access to emergency and sanitation vehicles.
L.
Penalties: The penalty for violating any provision of this section or any other applicable section of this Code shall be, in addition to any other sanctions provided, a fine not exceeding $500 for each offense together with revocation or suspension of the vendor's permit or imprisonment not exceeding 180 days, or both fine and imprisonment. Each violation shall be evidenced by a separate written notice presented at the time of citation for the offense. A hearing on each violation shall be required before any fines, suspensions or revocations can occur. Each day of violation shall be deemed a separate offense.
M.
Suspension and Revocation of Permit:
1.
In addition to the penalties contained in subsection L of this section, any permit issued under this section may be suspended or revoked for any of the following reasons:
a.
Fraud, misrepresentation or knowingly false statement contained in the application for the permit;
b.
Fraud, misrepresentation or knowingly false statement in the course of carrying on the business of vending;
c.
Conducting the business of vending in any manner contrary to the conditions of the permit;
d.
Conducting the business of vending in such a manner as to create a public nuisance, cause a breach of the peace, constitute a danger to the public health, safety, welfare or morals, or interfere with the rights of abutting property owners; or
e.
Cancellation of Health Department authorization for a food or beverage vending unit due to uncorrected health or sanitation violations.
2.
The Parks Director shall provide written notice of the suspension or revocation in a brief statement setting forth the complaint and the grounds for suspension or revocation. Such notice shall be mailed to the address shown on the permit holder's application by certified mail, return receipt requested.
3.
If the City revokes a vending permit or permits, the fee already paid for the permit or permits shall be prorated. A person whose permit or permits has been revoked under this section may not apply for a new permit for a period of one year from the date that the revocation took effect.
(Ord. 1455, 5-19-2003; amd. Ord. 1609, 6-4-2007; Ord. 1741, 7-7-2014; Ord. 1905, 4-3-2023)
No person shall own or operate a shooting gallery for gain without first paying to the City Treasurer a license fee of $5 per quarter.
(R.O. 1947 § 856)
Every person owning or operating a doll rack or cane rack or any other device in which either skill or chance is an element in the awarding of prizes or the delivering of merchandise to its patrons, shall pay a license fee to the City Treasurer of $5 per month.
(R.O. 1947 § 869)
Every person owning or operating a rollerskating rink within the City shall pay to the City Treasurer a license fee of $5 per month.
(R.O. 1947 § 870)
A.
Fee Established: There is hereby established a fee of $50 for each "video draw poker machine" licensed by the State Department of Revenue for use within the corporate limits of the City.
B.
Payable Yearly: The fee levied herein on each "video draw poker machine" shall be payable yearly on or before July 1st and shall be in addition to any fee or licensing charge levied by the State Department of Revenue.
(Ord. 1061 §§ 1, 2)
A.
No emergency medical services may be provided within the city limits of the City of Kalispell unless the provider of those services has provided adequate proof to the City of Kalispell Fire Chief that the provider and all personnel employed by and providing emergency services for that service hold current national certifications of an advance life support service; except that the ALS level of service will not be required for basic medical transportation services of a nonemergent nature; and except that in a mutual aid event, a basic life support service provider may be called upon by the Flathead County 911 Dispatch Center to provide mutual aid to augment an ALS service.
B.
In the event that an emergency medical service violates the above-described standard, the City may seek relief from the District Court to enjoin such non-authorized provision of emergency medical services and obtain a cease-and-desist order.
(Ord. 1594, 12-4-2006)