5.3.1.100 Purpose

The purpose of this ordinance is to recognize and to provide for the fact that the operation of mechanical amusement devices which depict or display specified sexual activities or specified anatomical areas result in increased enforcement programs for the City and additional expense to the City that justifies a higher license fee. This necessitates greater police vigilance to assure that the lawful business of displaying non-obscene portrayals or depictions of sexual conduct is not used inadvertently or by design as the means of unlawful displaying or depicting obscenity. In order to recoup some of the costs thus imposed on the City, it is appropriate that there be imposed on the persons who profit from such devices some of the costs of ensuring that the devices are used only lawfully. (Ord. 2675, 1995)

5.3.1.110 Coin-operated Devices Depicting Sexual Activities.

1. Definitions. The following words and phrases when used in this section shall, for the purpose of this section, have the following meanings respectively ascribed to them:

   “Device" shall include any machine which, upon the insertion of a coin or the payment of consideration, depicts, displays, or projects directly or indirectly pictures, photographs or other visual images of anatomical areas or specified sexual activities.

   "Specified Anatomical Areas"

   1. Less than completely and opaquely covered: human genitals, pubic region; buttock; or female breast below a point immediately above the top of areola.
   2. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

   "Specified Sexual Activities"

   1. Human genitals in a state of sexual stimulation or arousal;
   2. Acts of human masturbation, sexual intercourse, or sodomy; or
   3. Fondling of human genitals, pubic region, buttock, or female breast.
2. The license application shall include but not be limited to a complete list of the devices owned by the person or business subject to this licensing with an indication thereon of the location of each machine. (Ord. 2675, 1995)

5.3.1.120 License required

It shall be unlawful for any business to have and to operate devices depicting sexual activities for which a license or permit is required without such license being first procured and kept in effect at all such times as required by this chapter. (Ord. 2675, 1995).

5.3.2.200 Commercial garbage license

1. No person or business shall engage in the business of collecting or removing garbage from any business or residence in this City without first obtaining a commercial garbage license.
2. All equipment used by the collector under a City commercial garbage license for collection and hauling of refuse shall be constructed and maintained to prevent leakage, spillage, or overflow. All portions of the collection vehicle shall be kept clean and sanitary, and shall be clearly identified by assigned equipment number and with the firm and local telephone number affixed thereto.
3. A commercial garbage collector shall have applied for and received the proper Montana Rail Commission (MRC) permit.
4. A current list of all services provided shall be submitted to the City, containing the following information:
   1. Residences - the names and addresses of each residence served.
   2. Commercial - the names and addresses of each commercial establishment, including multifamily dwellings containing three or more separate dwelling units.
   3. The number and size of the containers at each commercial site.
   4. The number of times each container is picked up per week.
   5. An estimate of the weekly volume of refuse removed from the site which is outside of regular containers. (Ord. 2675, 1995)

5.3.3.300 Definitions

The following words and phrases when used in this section shall have the following meanings respectively ascribed to them:

"Pawnbroker" means any person who loans money on deposit or pledge of personal property or any valuable thing, or who deals in the purchasing of personal property or valuable things on condition of selling the same back at a stipulated price, whether he does the same for himself or as an agent of some person or firm or corporation, who by any means, method or device loans money for personal property when the same is deposited for security or is deposited for any other purpose. (Ord. 2675, 1995; Prior code 5-11-1).

"Secondhand Dealer" shall mean any person who, within the City, as a business, engages in the purchase, sale, trade, barter, consignment or exchange of secondhand goods, wares or merchandise; or any person who keeps any store, shop, room or place where secondhand goods, wares or merchandise of any kind or description, are bought, sold, traded, bartered, consigned or exchanged is defined as a secondhand dealer within the meaning of this chapter; provided, however, that this chapter shall not apply to bona fide trade or turn-ins of secondhand goods, wares or merchandise or other goods where no cash is transferred or paid by the merchant. (Ord. 2675, 1995; Prior code 5-12-1).

5.3.3.310 Register required

Any person who carries on the business of pawnbroking or secondhand stores shall keep a register in which shall be entered in legible writing a description of all property purchased or taken as a pledge, pawn or security for any money loaned thereon, of any description whatever, together with the names and residences of the persons from whom such property was purchased or received; and such register shall be subject to examination by the Police Department at any and all times. (Ord. 2675, 1995; Prior code 5-11-3).

5.3.4.400 Definitions

The following words and phrases used in this chapter shall be given the following interpretation:

"Beer" means a malt beverage containing not more than 7% of alcohol by weight.

"License" means a license issued by this City to a qualified person, under which it is lawful either for the licensee to brew, sell or dispense beer or to sell and dispense liquor, respectively, as provided in this chapter.

"Premises" means the building or specific portion of any building in which the liquor and/or beer business is conducted and those areas in which the retailer operates a sidewalk café, open-air restaurant or tavern outside of and adjacent to the licensed building and to which patrons are permitted free access from said building.  Where a retailer conducts as a single business enterprise two or more bars located on the same premises and which have such intercommunication as will enable patrons to move freely from one bar to another without leaving the premises, the various bars shall be regarded as but one premises for which but one license is required.  In all other cases, licenses must be obtained for each bar even though operated in the same building with another bar.

"Liquor" means an alcoholic beverage except beer and table wine.

"Retailer" means any person engaged in the sale and distribution of beer, either on draft or in bottles, to the public.

"Wine" means any alcoholic beverage made from or containing the normal alcoholic fermentation of the juice of sound, ripe fruit or other agricultural products without addition or abstraction, except as may occur in the usual cellar treatment of clarifying and aging and that contains more than 0.5% but not more than 24% of alcohol by volume.  Wine may be ameliorated to correct natural deficiencies, sweetened, and fortified in accordance with applicable federal regulations and the customs and practices of the industry.  Other alcoholic beverages not defined in this section but made in the manner of wine and labeled and sold as wine in accordance with federal regulations are also wine.  (Ord.  2675, 1995; Ord. 2008 §1 and 2, 1977; Ord. 1874 §2(part), 1975: prior code §5-16-1).

5.3.4.410 Alcoholic beverage license required

Any person or business brewing, selling or dispensing beer, wine or liquor must obtain a City alcoholic beverage license in addition to other permits or licenses which may be required. Such license shall authorize the conduct of business under one of the following specific categories: beer; beer and wine; or all-alcoholic beverages. This does not pertain to individuals’ home brewing for personal consumption. (Ord. 2675, 1995)

5.3.4.420 Special alcoholic beverage license required

Where all requirements stipulated by the State are met by the applicant, a Special Alcoholic Beverage License is required in addition to the State's special permit or license for beer or beer and wine. The Special Alcoholic Beverage License shall be in effect for the period established by the State and will expire at the end of that period. (Ord. 2675, 1995)

5.3.4.430 Catering license required

1. Both an Alcohol Catering and a Special Event catering license are required for the conduct of off-premise alcoholic beverage catering, in addition to other required permits or license.
2. Any alcoholic beverages licensee may obtain an Alcohol Catering License for all the catering and sale of alcoholic beverages to persons attending a special event upon premises within the City not otherwise licensed for the sale of alcoholic beverages.
3. Any Alcoholic Beverages licensee with an Alcoholic Catering License shall at least three days prior to each special event submit a license application describing the location of the event, the nature of the event, and the period during which the event is to be held. (Ord. 2675, 1995)

5.3.4.440 Teen night license

A license will be issued by the Community Development Department or other authorized designee to any person for any premises within the City where beer or liquor is sold for the purpose of establishing and conducting a teen night where:

1. Any and all beer or liquor on the premises has been stored away out of sight and shall remain locked and secured for so long as the premises are open as a teen night; and
2. All signs advertising or referencing alcohol shall be removed or covered when the premises is open as a teen night; and
3. The only patrons permitted on the premises other than the proprietor, his employees, and parents of patrons shall be individuals verifying identification through current high school identification cards between 6:00 p.m. and thirty minutes prior to curfew and anyone verifying their age over eighteen after curfew on designated days of the week; and
4. Registration of the name, age and address of the licensee's employees (a minimum of four) who shall be responsible for security of the premises including parking lots to be patrolled a minimum of three times per hour while the premises is open as a teen night, and who shall ensure that any and all dangerous drugs as defined by the Montana Criminal Code, beer and liquor, weapons or any other dangerous substances are excluded from the premises except beer and liquor that may have otherwise been locked away and secured thereon; and
5. Anyone under the influence of such drugs or alcohol shall be excluded from the premises. Where any violations of this Code or laws of the State of Montana are observed, security personnel shall immediately notify the Police Department.
6. For so long as the premises is open as a teen night, smoking inclusive of a lighted cigar, cigarette, pipe or any smokable product, shall be prohibited on the premises and notice thereof shall be conspicuously posted.
7. If an establishment is unable to abide by these provisions, the City teen night license can be revoked in accordance with licensing procedures. (Ord. 2675, 1995; Ord. 2509, 1988).

5.3.4.450 Sales within six-hundred feet of a church or school

1. A fraternal or religious organization may apply for and receive a permit from the Community Development Department to allow within their own facilities sales of alcoholic beverages within six hundred feet of a church or school.
2. The aforesaid special permit shall be an exception to 16-3-306(1) M.C.A. as permitted by 16-3-309 M.C.A. and to Title 9, Chapter 20, OCCGF.
3. The permit shall expire upon the termination of each special event and shall be nonrenewable. (Ord. 2675, 1995; Ord. 2487, 1987).

5.3.5.500 Non-resident vendor license required

1. Each individual engaging in Non-Resident Vendor type business within the City must first obtain a Non-Resident Vendor license. The Non-Resident Vendor license must be obtained prior to soliciting any customer or offering any goods or products for sale. No vendor shall park a vehicle or any other movable 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 moveable entity within 300 feet of the original location is considered one location. (Ord. 2764, 2000)
2. The license can be obtained from the Community Development Department during regular working hours or from the Fire Department.
3. The short-term license shall be good for one week from the date of issuance. The long term license is good from the issue date through December 31 of the same year and may be renewed upon its expiration (Ord. 2764, 2000).
4. The City reserves the right to deny a license upon receiving citizen complaints regarding the vendor, merchandise or practices. (Ord. 2745, 1998, Ord. 2675, 1995)

5.3.5.510 Non-resident merchant special business license required

1. Any individual engaged in any business within the City that is defined or administratively determined to be classified Non-Resident Merchant must first obtain a Non-Resident Merchant special business license from the City of Great Falls. This special business license must be obtained prior to soliciting any customer, offering any merchandise or products for sale, or bringing any stock of goods, wares, or other articles of trade to a temporary premise. (Ord. 2764, 2000)
2. This special business license can be obtained from the Community Development Department during normal business hours, or from the Fire Department at any other time. (Ord. 2764, 2000)
3. The license is only valid for a period of ninety (90) calendar days in any twelve (12) month period. (Ord. 2764, 2000)
4. The City reserves the right to deny or revoke a license for just cause with regard to the conduct of the merchant, suitability of any merchandise, or business and/or marketing practices. (Ord. 2764, 2000)

5.3.5.520 Non-resident service contractor special business license required

1. Any individual engaged in any business within the City that is defined or administratively determined to be classified Non-Resident Service Contractor must first obtain a Non-Resident Service Contractor special license from the City. This special business license must be obtained prior to soliciting any customer, offering or advertising any service, or performing any such service. (Ord. 2764, 2000)
2. This special business license can be obtained from the Community Development Department during normal business hours or from the Fire Department at other times. (Ord. 2764, 2000)
3. This special business license is valid from the date of issuance to December 31 and may be renewed upon its expiration. (Ord. 2764, 2000)
4. The City reserves the right to deny or revoke a license for just cause with regard to the conduct of the service contractor, quality of services rendered, or business and/or marketing practices. (Ord. 2764, 2000)

5.3.6.600 Definitions

For the purpose of this chapter certain words and phrases shall be construed herein as set forth in this section, unless it is apparent from the context that a different meaning is intended:

"Alarm agent" means any person who is employed by an alarm business either directly or indirectly, whose duties include any of the following: Selling, maintaining, leasing, servicing, repairing, altering, replacing, moving or installing on or in any building, structure or facility, any alarm system.

Exemption. The provisions of this section do not include a person who engages in the manufacture for sale of an alarm system from a fixed location and who neither visits the location where the alarm system is to be installed nor designs the scheme for physical location and installation of the alarm system in a specific location.

"Alarm business" means the business by any individual, partnership, corporation or other entity of: Selling, leasing, maintaining, servicing, repairing, altering, replacing, moving or installing any alarm system or causing to be sold, leased, maintained, serviced, repaired, altered, replaced, moved or installed any alarm system in or on any building, structure or facility.

"Alarm system" means any mechanical or electrical device which is designed or used for the detection of an unauthorized entry into a building, structure or facility or for alerting others of the commission of an unlawful act within a building, structure or facility, or both; and which emits a sound or transmits a signal or message when actuated.  Alarm systems include, but are not limited to, direct dial telephone devices, audible alarms and proprietor alarms.  Devices that are not designed or used to register alarms that are audible, visible or perceptible outside of the protected building, structure or facility are not included within this definition, nor are auxiliary devices installed by the telephone company to protect telephone company systems which might be damaged or disrupted by the use of an alarm system.

“Audible alarm" means a device designed for the detection of unauthorized entry on premises which generates an audible sound on the premises when it is actuated.

"False alarm" means an alarm signal actuated by inadvertence, negligence, or unintentional act necessitating response by the Great Falls Police Department, including alarms caused by the malfunction of the alarm system, except the following:

1. alarms caused by repair of telephone equipment or lines;
2. alarms caused by earthquakes, flood, windstorm, thunder and lighting;
3. alarms caused by an attempted illegal entry or analogous causes of which there is visible evidence;
4. alarms caused by power outages.

"Proprietor alarm" means an alarm which is not serviced by an alarm business.

"Subscriber" means any person who purchases, leases, contracts for or otherwise obtains an alarm system or for the servicing maintenance of an alarm system from an alarm business. (Ord. 2675, 1995)

5.3.6.610 Audible alarm requirements

1. Every person maintaining an audible alarm shall notify the Police Department with names and telephone numbers of the persons to be notified to render repairs of service and secure the premises during any hour of the day or night that the burglar alarm is actuated.
2. Whenever any change occurs relating to the written information required, the applicant shall give written notice thereof to the Police Department after such change. (Ord. 2675, 1995)

5.3.6.620 Agent permit required

1. All persons engaged in or carry on an alarm business, to repair, service, alter, replace, remove, design, sell, lease, maintain or install alarm systems shall obtain an Alarm agent Permit in accordance with the provisions of this title.
2. The Alarm agent permitee shall have in their possession said permit while engaged in alarm related business or activities. (Ord. 2675, 1995)

5.3.6.630 Exemptions

The provisions of this chapter are not applicable to audible alarms affixed to automobiles. (Ord. 2675, 1995)

5.3.6.640 Penalty

Where an alarm system actuates the following number of false alarms in any calendar year, the business or system owner will be charged as follows:

False Alarms one thru six - written notice to permittee
False Alarms seven and eight - written notice and $25
False Alarms nine and ten  - written notice and $50
False Alarms eleven and more - written notice and $75
(Ord. 2675, 1995)

5.3.7.700 Definitions

For the purpose of this chapter, the following terms and words shall have the meanings set forth in this section, unless the context requires otherwise.

“Ambulance” means a privately or publicly owned motor vehicle or aircraft that is maintained and used for the transportation of patients.

“Emergency Medical Services” means a pre-hospital emergency medical transportation or treatment service provided by an ambulance service.

“License Certificate” means the City emergency services license issued or renewed to any person to engage in the ambulance service business.  A new ambulance service business license shall be issued only after a favorable determination of public convenience and necessity by the City Commission.

“License Year” means a fiscal year from July 1 through June 30.

“Patient” means an individual who is sick, injured, wounded or otherwise incapacitated or helpless.  The term does not include a person who is non-ambulatory and who needs transportation assistance solely because that person is confined to a wheel chair as the person’s usual means of mobility.

“Person” means an individual, firm, partnership, association, corporation, company, group of individuals acting together for a common purpose, or any other organization of any kind.

“Public Convenience and Necessity” means qualified, fit, able and willing to perform and provide an ambulance service fitting and suited to serve the public need within the City without substantially or significantly adversely impacting the public interest in the overall general provision of the ambulance service within the City.  (Ord. 2743, 1998)

5.3.7.710 License required

1. No person shall conduct or operate an emergency medical service within the City without first obtaining a license as provided in this chapter.
2. All such license certificate(s) shall be for a City license year or for the remainder thereof. A license certificate shall expire at the conclusion of each licensure year and shall be renewable subject to the ability to meet the standards set by the City and the State Department of Health and Human Services as to fitness and ability to operate an emergency ambulance service.
3. No license shall be issued under this chapter to any new applicant unless the City Commission shall, after conducting a public hearing and review, find that another ambulance service is in the public interest, for the public convenience and necessity, and that the applicant is fit, willing and able to perform such public transportation, and to operate in compliance with Montana State Law and the provisions of this chapter.
4. If the City Commission finds that another ambulance service would be in the public interest, the City Commission shall authorize the issuance of a License Certificate of public convenience and necessity stating the name and address of the applicant, the location of the ambulance service and the date of the issuance. If the City Commission does not find that public convenience and necessity would benefit from another ambulance service, the application shall be denied. Existing ambulance services may continue to operate within the City as long as they comply with the provisions of this chapter and are in compliance with Montana State Law.
5. There must be paid to the City, with each application for a license or for renewal of a license, a license fee that shall be set by resolution.
6. The license is not transferable.
7. The license is non-exclusive. (Ord. 2743, 1998)

5.3.7.720 Criteria for license

Any person desiring to obtain a license required by this chapter shall demonstrate the ability to meet the following requirements.

1. The applicant must possess a current license from the Department of Health and Environmental Sciences to provide emergency medical services, both transport and treatment at the Advanced Life Support level.
2. The applicant must provide emergency medical services at the Advanced Life Support level, throughout the City, twenty four (24) hours per day, seven (7) days per week.
3. Each responding ambulance shall be staffed with a minimum of one National Registry Paramedic and one EMT.
4. The applicant must have adequate personnel, vehicles, equipment and facilities to respond at the Advanced Life Support level to emergency calls to all locations within the City within eight (8) minutes or less on at least ninety percent (90%) of such calls. The applicant must take into consideration emergency responses outside the City limits, to ensure they have adequate staffing, vehicles and equipment to meet the response requirements as outlined in this chapter.
5. The applicant must comply with rules and regulations governing emergency medical services and emergency medical technicians, as promulgated by the State of Montana, Department of Health and Human Services and the Board of Medical Examiners as outlined in the Administrative Rules of Montana.
6. All emergency medical services providers must have a signed agreement with the City of Great Falls 911 Dispatch Center for providing dispatch services. All emergency medical providers shall abide by the rules and procedures as outlined in the City of Great Falls 911 Center Policy Manual.
7. The applicant must have a commercial general liability, including auto, insurance policy, in a form acceptable to the City, insuring the applicant for not less than the $1 million per occurrence, for bodily injury or death and $1 million per occurrence for loss or damage to property; and $2 million aggregate. Said policy shall name the City as an additional named insured. The applicant must provide proof of such insurance coverage prior to issuance of the license. (Ord. 2743, 1998)

5.3.7.730 Cancellation of license

The City may cancel a license if it finds that the licensee has:

1. Violated any provision of this chapter or of the rules promulgated by the Montana Department of Health and Human Services or the Board of Medical Examiners, as contained in the Administrative Rules of Montana, or violation of policy, rules and procedure as outlined in the City of Great Falls 911 Center Policy Manual; and,
2. Failed or refused to remedy or correct the violation within the time and in the manner directed by the City. (Ord. 2743, 1998)

5.3.7.740 Notice and hearing required

1. The City shall not deny or cancel a license without
   1. Delivery to the applicant or licensee of a written statement of the grounds for denial or cancellation of the charge involved;
   2. An opportunity to answer at a hearing before the City Commission to show cause, if any, why the license should not be denied or canceled.
2. After receipt of written notice of grounds for denial or cancellation or charges, any applicant or licensee desiring a hearing before the City Commission must make written application within ten (10) days of such notice. (Ord. 2743, 1998)

5.3.7.750 Existing services

Any person providing emergency medical services with the City as of the effective date of this chapter shall have a period of one hundred twenty (120) days to meet the requirements and obtain the license required by this article, exclusive of the public hearing and City Commission determination of public convenience and necessity as stated in 5.3.7.710(C). (Ord. 2743, 1998)

5.3.7.760 Exemptions

The provisions and requirements of this chapter shall not apply to:

1. The Great Falls Fire Department except as provided in 5.3.7.720(A) through 5.3.7.720(E).
2. Any person providing emergency medical services outside the City who, in the course of providing such services, transports a patient from outside the City into or through the City.
3. Any person providing emergency medical services within the City who is providing such services at the request of the City pursuant to a written mutual aid agreement between the City and the person. (Ord. 2743, 1998)