Red Lodge daily news combined with Carbon County news., 1933-04-12
ORDINANCE 40. "a

Acls OF OMISSIONS irohiDlted or de-
clared Unlawful by the Montana
the state Board OF Equalization
Hereunder; Providing for the Grant
ing and Refusal Of Licenses; Provid-
ing Penalties for Violation OF this
Ordinance and Repeating Ordinances
and Parts OF Ordinances Of the City
OF Red Lodge in Conflict Herewith d.
imposing Duties on the Chief of Po-
lice, Police Magistrate. and Police
Officers OF the City Of Red Lodge.
Montana. and Extending Their Juris-
dlction To License and Regulate
Places Of Business where Beer is
Sold; Providing for the Disposition Of
Fines and License Fees; and Declar-
ing this ordnance To be an Emrrg-
ency Measure.
Gil OF THE CITY OF RED LODGE,
MONTANA:
SECTION l. DUTY OF CITY Of
FICERS TO ENFORCE "MONTANA
BEER ACT The City OF Red
Lodge hereby recognizes the right,
among others, reserved by the Mon
tana Beer Act to the several cities
ana Incorporated towns Of this State
20 enact ordinances for the enforce
ment of said Act. The Police Court
OF this city is hereby vested with the
jurisdiction, and the duty Is hereby
imposed upon the Chief of Police,
Police Magistrate and Police Officers
OF this City to enforce the same.
SECTION 2. PROHIBITING ALI.
EACEPT CERTAIN, ACTS or
OMISSIONS PROHIBITED BY THE
pMMOO I BEER ACT" OR RY
OF EQUALIZATION THEREuN-
DER All acts or omissions which
are prohibited or declared unlawful
by the Montana Beer Act or by
such regulations as may be made by
the State Board OF Equalization
winch shall have the full. force and
eItect OF law, are hereby prohibited
and declared unlawful.
SECTION g.. CONCURRENCE
WITH STATE LAWS. The City of
Red Lodge hereby recognizes that lis
power to enforce the Montana Beer
Act and to license ana regulate
places OF business where Deer Is sod.
should at all times be exercised i'm
ful concurrence with the exercise of
the like power of the Legislative AS
sembly OF the State Of Montana shall
amend or repeal the Montana Eeer
Act, then the provisions of this or
nance shall apply thereto; but
nothing in this paragraph contained
snail be construed as an ~abrogation
on the part Of this city of its right
under the Montana Beer Act 10
Incense and regulate places of bust
ness where beer is sold, provided that
such regulatory license by this city
imposed shall be reasonable and not
IN excess or the amount imposed by
the State of Montana. And TO tho
same end, whenever the State Board
of Equalization of the State of Mon
tana shall amend or rep sai any regu-
latlons which ii shall make. or shall
make any new or supplementary
regulations, under the Montana Beer
ACT, or under any act amendatoTy
thereot or supplementary thereto,
then the provisions of this ordnance
shall apply thereto.
SECTION A. CONCURRENCEl
WITH LOCAL OPTION. The CITY of
Red Lodge hereby recognizes that its
power to enforce the Montana Beer
Act and to license the places of
business where beer is sold is de- |
pendent upon the electors Of Carbon
County in the exercise of the right |
accorded them by said Act 10 de- |
termine whether or not the sale Of
beer, as therein provided for. shall
be permitted within the limits Of
said County; and to that end. if
such electors should determine. as
therein provided, hat the she of
beer, as therein provided for, shall
be permitted within the limits Of |
said County. then this ordinance
shall stand suspended and inoper-
alive until and unless such electors
reverse their decision; ard rs often
and upon every reversal of decis-
this ordinance shall stand either
or suspended and inoper-
alive in concurrence with the vote of
the electors upon the question Of
whether or not the sale of beer as in |
said Apf nrnNtHQn chan ~ rlr-.st4-r 4
the limits of said County.
DEFINED. The Phrase Mon
tana Beer Act" as used herein Is de-
Tined as the Act Of the T~wentv-third
Legislative Assembly Of the State Of
Montana, entitled: IAN act to Pro
for the Licensing and Reeula-
ton of the Manufacture, Sale and
Distribution of Beer and other SIM
liar Fermented Beverages, and for
the Raising and Disposition of Rev
enue Therefrom."
SECTION s. CITY LICENSE RE-
QuIREMENT AND AMOUNT OIL
LICENSE PEGS. That under and
by virtue Of the power granted to
City Councils Of the cities and
Of this State, and in aid of the
police power and regulations OF the
City of Red Lodge, Montana, and In
exercise Of the authority reserved by
he Montana Beer Act" to the
cities and incorporated towns of this
state, 1t is hereby ordained that any
person, who desires to engage in the
business of selling beer N said city
under the provisions of said Act in
he character of places hereinafter
mentioned, and as defined by said
Act shall, Notwithstanding the fact
mat the person conducting such place
las obtained a license rom the State
.oarG Of Equalization, 'irst apply for
md obtain a license therefor from
said City, as herein provided, and If
license is granted shall pay
.herefor an annual license fee as fol-
ows:
Each retailer, One Hundred Fifty
Dollars ($150.00);
Each wholesaler, S%eventy-five Del
Each hotel sixty-two and $4,000
Dollars ($62.50)
Each restaurant, Fifty Dollars
1850. 00);
said license fee shall be paid in four
equal installments, hat Is TO say,
one-fourth thereof shall be paid
when said application Cor license is
lpplled Tor, and one-fourth thereof
three months thereafter, in adj
lance.
Provided, that a transfer of any
'uch license may be made on applica-
ion to the City, accompanied by
satisfactory evidence Of an approval
# the transfer of the license issued
~ the State Board of Equalization
# the State of Montana for such
BUSINESS; and Provided, further, that
where a license hereunder is issued
or a period commencing subsequent
o the first day of the current year
or which such license may be issued
p~ro-rata fee only shall be charged
or the balance of such current year
'ut nothing herein shall be con-
trued to entitla any Inanunn hnrn