Ordinance 1333 - TABLED INDEFINITELY - Sale & Consumption of Alcohol on City-Owned Propertiesvvwvvv
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ORDINANCE NO. 1333
AN ORDINANCE REPEALING ORDINANCE NO. 811 S 1 AND ORDINANCE NO. 813
§ 1 (§3-10.1, 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.
B) Persons wishing to use the Hockaday Center for the
Arts, the Conrad Mansion, 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 advanced written notice
to the City Manager of the date, place, and time
for any such event. Advance notice of not less
than three (3) days shall be sufficient.
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 not
later than ten (10) days prior to the event.
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 inconven-
ience to the residents of the surrounding
neighborhoods;
3) Underage persons will not obtain alcoholic
beverages served at the function, and the
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.;
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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;
&) 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.
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 DAY OF AUGUST, 1999.
Attest:
Theresa White
City Clerk
Wm E. Boharski
Mayor
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