The following words and phrases when used in this title shall have the following meanings. (Ord. 2672, 1995)
"Buildings or Offices" shall mean all buildings, structures, rooms, offices, or portions thereof which are situated on a permanent structural foundation and permanently connected to City water and sewer service wherein a business or organization is located and which may be accessible to the public, employees, or members or located in such close proximity to other buildings, structures, rooms, offices, or portions thereof so as to constitute a public threat in the event of a uniform safety code violation. (Ord. 2764, 2000)
"Business" shall mean any occupation, trade, profession, commercial activity, social activity, fraternal activity, or religious activity located or meeting regularly in buildings or offices, together with all devices, machines, vehicles and appurtenances used therein. This includes sole proprietorships, partnerships, corporations, nonprofit corporations, religious organizations, social organizations and fraternal organizations.
"Home Occupation" means a lawful business carried on by a resident of a dwelling as an accessory use within the same dwelling or an accessory building which will not infringe upon the right of neighboring residents to enjoy the peaceful occupancy of their home.
"Non-Resident Vendor" is any person engaged or employed in the business of selling to consumers by going from consumer to consumer, either on the streets or to their places of residence or employment and soliciting, selling or taking orders for future delivery of any goods, wares or merchandise. This definition applies to persons vending food or other merchandise from pushcarts, vehicles, trailers, or other readily mobile sources to customers within the city limits. No vendor shall park a vehicle or any other moveable or temporary entity on any public street, alley or private lot for more than four (4) hours in any eight (8) hour period at one location. The parking of a vehicle or other movable entity within 300 feet of the original location is considered one location. This all-inclusive definition applies to vendors coming into Great Falls to provide any type of service (e.g. painters, contractors, tree trimmers, computer technicians, etc.), to residents within the City limits. (Ord. 2764, 2000; Ord. 2745, 1998).
"Nonprofit organization" is any group which does not distribute pecuniary gains, profits or dividends, and a pecuniary gains is not the objective of the organization. Nonprofit organizations or groups must be recognized as such by the United States Internal Revenue Service and the Montana Department of Revenue.
“Permanent Premise” means any buildings or structures or any part of any building or structure situated on a permanent structural foundation that meets the engineering requirements in the Uniform Building Code and is permanently connected to City water and sewer service. This definition excludes all accessory structures not intended to be occupied by employees and/or the public. (Ord. 2764, 2000)
"Person" is meant to include individual natural persons, partnerships, joint ventures, societies, associations, clubs, trustees, trusts, or corporations; or any officers, agents, employees, factors, or any kind of personal representatives of any thereof, in any capacity, acting either for him or herself, or for any other person, under either personal appointment or pursuant to law.
"Premise" means an office, retail space or structure occupied for business use, the facilities and appurtenances in the structure, and the grounds, areas and facilities held out for the use of business. (Ord. 2745, 1998)
"Safety Inspection Certificate" is a certificate for a premise or occupation at a specific premise acknowledging inspection for uniform safety codes or other ordinances and regulations enacted for the purpose of protecting health, safety, and welfare of the public. The certificate is not intended, and shall not be used, to regulate or infringe upon the conduct of a business or profession and is not intended, and shall not be used, to regulate, infringe or prohibit the practice of religion or religious beliefs. (Ord. 2745, 1998)
"Property Manager" means a "person" who rents or leases rental units, excluding hotels or motels.
"Square footage" is the total number of square feet contained within the exterior walls of a building, suite or office used in the business operation and open to the public. (Ord. 2745, 1998)
"Temporary premises" means any buildings, structure, vehicles, or other mobile entities without a foundation and not permanently connected to City water and sewer service temporarily occupied for business. A temporary premise can exist for no more than ninety (90) calendar days in any twelve (12) month period. Temporary premise does not include sales booths, concession stands etc., which are operated in conjunction with a community sponsored event authorized by the City Commission. (Ord. 2764, 2000)
“Non-Resident Merchant" means any person who brings into temporary premises, a stock of goods, wares or articles of merchandise or notions or other articles of trade, and who solicits, sells or offers to sell, or exhibits for sale, such stock of goods, wares or articles of merchandise or notions or other articles of trade. A non-resident merchant can operation out of temporary premises for a period of ninety (90) calendar days in any twelve (12) month period. (Ord. 2764, 2000; Ord. 2745, 1998)
“Year” for specific Special Business Licenses and Safety Inspection Certificate purposes, means a period of time of twelve (12) months commencing each year on January 1st and ending December 31st of the same year. (Ord. 2764, 2000)
“Non-Resident Service Contractor” is any person not residing within the city limits of Great Falls engaged or employed in the business of providing services for hire. This includes persons engaged in contract construction, painting and drywall, landscape installation and maintenance, janitorial, and service contractors of all kinds including computer technicians and copier maintenance. (Ord. 2764, 2000)
"Uniform Safety Codes" as used herein shall mean the most recent version of the codes adopted by the City of Great Falls and referenced in Title 15 and Title 17. (Ord. 2874, 2004)The City Manager, or designee, shall have the authority to establish the necessary procedures to carry out and enforce the intent of this title. (Ord. 2672, 1995).
All certificates or special business licenses shall expire on December thirty-first (31st) of the year in which such certificate or special business license is issued, unless otherwise specified. (Ord. 2764, 2000; Ord. 2672, 1995)
Any licensee or certificate holder shall have the right to file a written appeal to the City Commission.
If any part of this title is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions thereof.