Montana Code Annotated 2023



Part 1. Local Government Ordinances, Resolutions, and Initiatives and Referendums

Resolution Requirements

7-5-121. Resolution requirements. (1) All resolutions must be submitted in the form prescribed by resolution of the governing body.

(2) Resolutions may not:

(a) compel a private business to deny a customer of the private business access to the premises or access to goods or services;

(b) deny a customer of a private business the ability to access goods or services provided by the private business; or

(c) include any of the following actions for noncompliance with a resolution or ordinance that includes actions described in subsections (2)(a) and (2)(b):

(i) allow for the assessment of a fee or fine;

(ii) require the revocation of a license required for the operation of a private business;

(iii) find a private business owner guilty of a misdemeanor; or

(iv) bring any other retributive action against a private business owner, including but not limited to criminal charges.

(3) The prohibition provided for in subsection (2)(b) does not apply to persons confirmed to have a communicable disease and who are currently under a public quarantine order.

(4) The prohibitions provided for in subsection (2) do not apply to the enforcement of zoning provisions as allowed in 76-2-113 and 76-2-210.

(5) Resolutions may be submitted and adopted at a single meeting of the governing body.

(6) After passage and approval, all resolutions must be entered into the minutes and signed by the chairperson of the governing body.

(7) As used in this section, "private business" means an individual or entity that is not principally a part of or associated with a government unit and that has an established physical location within the boundaries of the county or municipality. The term includes but is not limited to a nonprofit or for-profit entity, a corporation, a sole proprietorship, or a limited liability company.

History: En. 47A-3-105 by Sec. 8, Ch. 477, L. 1977; R.C.M. 1947, 47A-3-105(1), (2), (4); amd. Sec. 5, Ch. 408, L. 2021; amd. Sec. 2, Ch. 185, L. 2023.