Ordinance 1352 - Prohibiting Alcoholic Beverages on City-Owned Property112
ORDINANCE NO. 1352
AN ORDINANCE REPEALING ORDINANCE NO. 811 § 1 AND ORDINANCE NO. 813 9
1 M-10.1, KALISPELL CITY CODE) BY PROHIBITING THE SALE, CONSUMPTION
OR POSSESSION OF ALCOHOLIC BEVERAGES IN OR UPON ANY BUILDINGS OR OTHER
PROPERTY OWNED OR OCCUPIED BY THE CITY AND UPON ANY STREET OR SIDEWALK,
EXCEPT CERTAIN PREMISES AS APPROVED BY THE CITY MANAGER OR HIS DESIGNEE
AND ESTABLISHING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA,
AS FOLLOWS:
SECTION I.
A) Except as otherwise provided in this code, no
person shall sell, serve, dispense, consume or
possess an open container of any alcoholic beverage
in or upon any building or other property owned or
occupied by the City or upon any street or
sidewalk. Notwithstanding the foregoing, this
Ordinance shall not be construed to prohibit the
legal consumption of alcoholic beverages at the
City -owned Courtyard Apartments nor shall this
Ordinance be construed to prohibit the legal sale,
service, consumption or possession of alcoholic
beverages on the grounds of the Buffalo Hill Golf
Club.
B) Persons wishing to use the Hockaday Center for the
Arts, the Conrad Mansion, the Kalispell Chamber of
Commerce building, the Kalispell City Airport, or the
Central School Museum for an event which involves the
consumption or possession of, but not the sale of,
beer and/or wine shall first provide written notice of
the event to the City Manager or his designee,
describing the date, place, and time for any such
event. All such notifications shall be submitted to
the City Manager not less than three (3) days prior to
the event.
C) Persons wishing to use the Hockaday Center for the
Arts, the Conrad Mansion, or the Central School Museum
for a function which involves the sale of beer and/or
wine must first apply for and obtain a temporary sales
permit from the City of Kalispell. In addition, the
applicant shall comply with all statutes and
regulations of the Montana Department of Revenue
governing sales of beer and/or wine. Applications
shall be filed with the City Clerk.
D) The City Manager or, in his absence, his designee, may
grant a temporary permit allowing the sale of beer
and/or wine, if, considering the type of function, the
Manager or his designee finds that:
1) The time, location and duration of the function
are not likely to significantly interfere with
public services;
2) The number and concentration of participants at
the function are not likely to result in crowds
exceeding limitations in the City fire
regulations, or other significant inconvenience
to the residents of the surrounding
neighborhoods;
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3) Underage persons will not obtain alcoholic
beverages served at the function, and the
beverages served at the function, and the 1 3
precautions proposed. are likely to secure and
supervise the area and the participants during
the function;
4) The applicant agrees to limit the consumption
under the permit to the hours between eleven A.M.
and eleven P.M.:
5) The applicant agrees to be personally responsible
for cleaning, trash disposal or repairs necessary
as a result of the event for which the permit was
issued;
6) The applicant agrees to provide security for the
permitted function commensurate with the
recommendations of the Chief of Police;
7) The applicant agrees to indemnify and hold
harmless the City, its employees and agents for
all liability claims arising out of the event.
E) The City Manager shall require the sponsor of any
event involving the consumption or possession of
alcoholic beverages or the applicant for a temporary
beer and/or wine sales permit to obtain liquor/host,
liquor and general liability insurance in such amount
deemed necessary to protect the City=s interest, and
to name the City as an additional insured on any
policies.
F) 1) The City Manager may deny a permit on the grounds
that approval would be detrimental to the public
safety, health, morals, order or welfare by
reason of the nature of the event, the likelihood
that the event would create a public nuisance or
result in the consumption of alcoholic beverages
by minors, its location within the community, or
the failure of the applicant to conduct a past
event in compliance with applicable laws and
regulations.
2) The request may also be denied if another event
has previously been scheduled for that location
on the same day and time, or if the event would
unreasonably interfere with normal activities and
customary and general use and enjoyment of the
facility.
G) Approval or denial of the permit shall be made by the
City Manager or, in his absence, his designee, not
later than ten (10) business days following submission
of the completed application to the City Clerk.
SECTION II. This Ordinance shall be effective thirty (30)
days from and after the date of its final passage
and approval.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE
CITY OF KALISPELL, THIS 1ST DAY OF MAY, 2000.
WME .50huf J i + Wm.
E. Boharski
Mayor
ATTEST:
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eresa White
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