Ordinance 1241 - Prohibits Sale or Possession of Intoxicating Beverages on City Property4`?�D
ORDINANCE NO. 1241
AN ORDINANCE REPEALING ORDINANCE NO. 811 5 1 AND ORDINANCE NO. 813
S 1 (S 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 AS PERMITTED BY THE CITY COUNCIL AND
DECLARING THE EXISTENCE OF AND EMERGENCY.
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) Applications for permits to sell, serve, dispense,
possess or consume beer or wine, only, in or upon
City property must be filed with the City Clerk of
Council not later than thirty (30) days prior to
the event.
1) Persons wishing to use City property for a
function which involves the sale, consumption,
or possession of beer and wine must also
obtain a catering endorsement or special
permit from the Department of Revenue.
C) The City Council may grant a permit if, considering
the type of function, serving beer and wine, only,
the Council 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
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.
D) The Council may require the applicant to obtain
liquor/host liquor and general liability insurance
and to name the City as an additional insured on
any policies.
E) 1) The Council 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.
F) This Ordinance shall not be applicable on any
property within the City which, although owned by
the City, is in the long term possession and
control of any party who has possession and control
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C)
of said property as the result of a contract, lease -
or other agreement with the City.
SECTION II. That Ordinance 811 5 1 and Ordinance 813, S 1
(S 3-10.1, Kalispell City Code) is hereby
repealed.
SECTION III. An emergency is hereby declared to exist in
the City of Kalispell because allowing the
Council to regulate the sale, consumption or
possession of alcoholic beverages on public
property will promote the health, safety and
welfare of the community. Under the
provisions of Sections 7-5-104 and 7-5-4204,
MCA, this Ordinance shall take effect
immediately and expire from and after 90 days
of its passage and approval by the City
Council and the Mayor.
PASSED AND APPROVED BY TWO -THIRD VQTE OF THE CITY COUNCIL AND MAYOR
OF THE CITY OF KALISPELL, THIS DAY OF JUNE, 1996.
DOUG D . RAUTHE - MAYOR
Attest:
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Clerk of it
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