ORDINANCE NUMBER _____
AN ORDINANCE AMENDING TITLE 5, MISSOULA MUNICIPAL CODE, ENTITLED “BUSINESS
LICENSES AND REGULATIONS “CHAPTER 5.08 ENTITLED “LICENSING PROVISIONS
GENERALLY,” CHAPTER 8.20 ENTITLED “JUNK DEALERS,” CHAPTER 5.24 ENTITLED
“PAWNBROKERS,” CHAPTER 5.28 ENTITLED “SECONDHAND DEALERS,” CHAPTER 5.40
ENTITLED “BOILER-ROOM OPERATIONS,” CHAPTER 5.52 ENTITLED “LIQUOR,” AND CHAPTER
5.90 ENTITLED “DEVICES DEPICTING SEXUAL ACTIVITY” INCREASING THE FEE PROVISIONS IN
EACH CHAPTERS' FEE SECTION BY 3% IN ACCORDANCE WITH THE RESULTS OF AN OFFICIAL
2010 FEE STUDY COMMISSIONED BY THE CITY OF MISSOULA.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MISSOULA THAT SECTIONS 5.08.030,
5.20.030, 5.24.030, 5.28.030, 5.40.030, and 5.90.030 MISSOULA MUNICIPAL CODE BE AMENDED
AS FOLLOWS:
SECTION 1.
5.08.030 License-Fees-Schedule. The schedule of fees for a business license shall be as follows:
Eighteen dollars and fifty cents ($18.0018.50) per employee unless otherwise provided. The minimum
license fee shall seventy two seventy four dollars ($72.0074.00) and the maximum license fee shall be
one thousand seven hundred seventy five dollarsone thousand eight hundred thirty dollars
($1,775.001,830.00).
A.
The following license fees shall be determined on a basis other than the number of employees:
1.
The license fee for the rental of office, retail, wholesale and warehouse space shall be
one and sixty-nine hundredths ($0.01690)one and seventy five hundredths ($0.0175) of a
cent per square foot for retail and office space and eighty four ($0.00840)
hundredthseighty seven hundredths ($0.0087) of a cent per square foot for wholesale
and warehouse space. The minimum license fee shall be seventy twoseventy four
dollars ($72.0074.00) and the maximum shall be one one thousand seven hundred
seventy five dollars ($1,775.00)one thousand eight hundred thirty dollars ($1,830.00) for
each building;
2.
The license fee for market events such as the People’s Market, Hellgate Rendezvous,
Southgate Mall Arts and Crafts Fair(s) or similarly organized markets shall be eighteen
dollars and twenty five cents ($18.25)nineteen dollars ($19.00) annually per
booth/table/slot. The event organizer (market master), oversight agency or management
group) shall acquire these licenses for such vendors up to a maximum of one thousand
eight hundred thirty dollars ($1,830.00) one thousand seven hundred seventy five dollars
($1,775.00) per year for the organized event(s). Any vendor desiring to market their
products(s) outside of the confines of the above specified markets will be required to
purchase the standard itinerant vendor license priced at seventy twoseventy four dollars
($72.0074.00) per year minimum. The event organizer will be required to keep a log
containing the names and addresses of the daily participants for each market session.
This special blanket license of certain small market events is not intended to include the
special auto, boat, or RV show events nor is it intended to include any special sales
involving these products.
3.
Those license fees established in other section of this code.
SECTION 2.
5.20.030 License—Issuance—Fee
A.
The city treasurer may issue a license to any person desiring to engage in business as a junk
dealer pursuant to licensing provisions contained in Chapter 5.08.
B.
Any junk dealer also engaging in the business of secondhand dealing or pawn broking must have
and endorsement on the business license indicating the types of business engaged in. No
additional license fee shall be charged for extra endorsements, except that any business also
engaging in pawn broking must pay an additional one hundred seventeen dollars and fifty cents
($117.50)one hundred twenty one dollar ($121.00) fee to offset additional costs of regulating
pawnbrokers.
SECTION 3.
5.24.030 License—Issuance—Fee.
A.
The city treasurer may issue a license to any person desiring to engage in business as a
pawnbroker pursuant to licensing provisions contained in Chapter 5.08. In addition to the license
fee required by that chapter, a person engaging in pawn broking must pay an additional one
hundred twenty one dollar ($121.00)one hundred seventeen dollars and fifty cents ($117.50) fee
to offset costs of regulating pawnbrokers.
B.
Any pawnbroker also engaging in the businesses of secondhand or junk dealing must have an
endorsement on the business license indicating the types of business engaged in. No additional
license fee shall be charged for extra endorsements.
SECTION 4.
5.28.030 License—Issuance—Fee.
A.
The city treasurer may issue a license to any person desiring to engage in business as a
secondhand dealer pursuant to licensing provisions contained in Chapter 5.08.
B.
Any secondhand dealer also engaging in the business of pawn broking or junk dealing must have
an endorsement on the business license indicating the types of business engaged in. No
additional license fee shall be charged for extra endorsements, except that any business also
engaging in pawn broking must pay an additional one hundred twenty one dollar ($121.00)one
hundred seventeen dollars and fifty cents ($117.50) fee to offset additional costs of regulating
pawnbrokers.
SECTION 5.
5.40.030 License—Fees. The license fee for such boiler-room operation shall be as follows:
A.
One to four telephones, seventy twoseventy four dollars ($72.0074.00) per week for each week of
operation or portion thereof; for each additional phone per week over four, eighteen dollars and
twenty five cents ($18.25)nineteen dollars ($19.00) per week per phone.
B.
After having been licensed for twenty-six consecutive weeks at the weekly rate, a boiler-room
operation may choose to be licensed at the following annual rates. Such annual license shall
expire at the same time as general city business licenses. There shall be no prorating of annual
licenses for boiler-room operations:
1.
One to seven telephones, one thousand eight hundred thirty dollars ($1,830.00)one
thousand seven hundred seventy five dollars ($1,775.00) for an annual license
2.
Eight or more telephones, three thousand three hundred twenty five dollars ($
3,325.00)three thousand four hundred twenty five dollars ($3,425) for an annual license.
3.
Whenever a boiler-room operation purchases an annual license for one thousand eight
hundred thirty dollars ($1,830.00)one thousand seven hundred seventy five dollars
($1,775.00) and later increases its number of telephones utilized for telephone solicitation
to eight or more, it shall be required to pay an additional one thousand five hundred fifty
dollars ($ 1,550.00)one thousand five hundred ninety five dollars ($1,595) license fee in
order to pay the full license equivalent for having eight or more telephones. All boilerroom operation license fees are nonrefundable.
SECTION 6.
5.90.030 License—Fee. The license fee for a device under this chapter shall be one hundred twenty
one dollar ($121.00)one hundred seventeen dollars and fifty cents ($117.50) per machine per business
licensure year. The annual business license shall be effective for a maximum time period of one year in
st
accordance with the city’s general annual business licensure year from June 1 each year to the final
day of May of the following year. All annual business licenses expire on the final day of May each
calendar year.
EFFECTIVE DATE:
The effective date of this ordinance shall be January 1, 2011.
SEVERABILITY
If any section, subsection, sentence, clause, phrase or word of this ordinance is for any reason held to
be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this
ordinance. The council hereby declares that it would have passed this ordinance and each section,
subsection, sentence, clause, phrase and words thereof, irrespective of the fact that any one or more
sections, subsections, sentences, clauses, phrases or words have been declared invalid or
unconstitutional, and if for any reason this ordinance should be declared invalid or unconstitutional, then
the remaining ordinance provisions will be in full force and effect.
PASSED by
and
APPROVED by
ATTEST:
APPROVED:
/s/
Martha L. Rehbein
City Clerk
/s/
John Engen
Mayor
(SEAL)