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Ordinance 1786 - Amends Ch 3, KMC - Alcohol Consumption in PublicORDINANCE NO.1786 AN ORDINANCE AMENDING CHAPTER 3 OF THE KALISPELL MUNICIPAL CODES AND CODIFIED AT KMC 3-18, CONSUMPTION IN STREET, ALLEY, OR PUBLIC PLACE PROHIBITED; EXCEPTIONS, DECLARING AN EFFECTIVE DATE AND AUTHORIZING THE CITY ATTORNEY TO CODIFY THE SAME. WHEREAS, pursuant to Kalispell Municipal Code 3-18 the City of Kalispell prohibits the sale and/or consumption of any alcoholic beverage in or upon any building or other property owned or occupied by the City or upon any street or sidewalk unless such action is within the permitted uses authorized through a special public event permit issued by the City; and WHEREAS, members of City Council find it necessary to make adjustments to KMC 3-18 to clarify the permit process for special events, provide exemptions for certain property owned by the City but privately managed, adjust the date range for which an alcohol permit may be applied for at the hockey rink and surrounding grounds at Woodland Park, and change the approval process for alcohol permits to administrative. City Council also finds it necessary to make adjustments to allow for profit entities to apply for a city alcohol permit in streets and right-of-ways of the city within the B-3 and B-4 land use zones. WHEREAS, the Kalispell City Council recently created a new Core Area Business (B-3) land use zone that would be appropriate to add to the zones listed in KMC 3-18 6. G. 2. and 3. that are exempt from Montana Code Annotated Title 16, distance requirements between licensed liquor establishments and a church, synagogue or other place of worship, or a school. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTION 1. The City of Kalispell Municipal Code is hereby amended as set forth in Exhibit "A", attached hereto and incorporated fully herein by this reference. SECTION 2. The City Attorney is hereby authorized and directed to recodify this Ordinance. SECTION 3. This Ordinance shall take effect thirty (30) days after its final passage. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL THIS 6TH DAY OF MARCH, 2017. Mark Johnson Mayor ATTEST: Aim Brunckhorst, CMC_ S 92 City Clerk • . MON�P �i, • ..... Exhibit "A" 3-18 Consumption in Street, Alley, or Public Place Prohibited; Exceptions. A. 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 unless such action is otherwise authorized as set forth in this ordinance. B. Exceptions for Leased or Managed City Properties: Certain City owned properties, as set forth in this paragraph, are leased and/or managed by separate entities. If the entity that leases or manages one of these properties elects to allow alcoholic beverages to be sold, served, consumed or possessed upon such property they must notify the City of this election and provide the City with proof of liability insurance, including an alcohol insurance addendum (if alcoholic beverages are sold on the premises) and all necessary Department of Revenue permissions. The minimum liability coverages shall be no less than seven hundred fifty thousand dollars ($750,000.00) per occurrence and one million five hundred thousand dollars ($1,500,000.00) aggregate and the City must be designated as the additional named insured upon the policy. This paragraph shall apply to the following City owned properties: 1. Buffalo Hill Golf Course; 2. Hockaday Center for the Arts and its grounds; 3. Kalispell Chamber of Commerce (Depot) Building and leased grounds; 4. Museum at Central School and its grounds; 5. Conrad Mansion and its grounds. C. Exceptions for Other City Owned Properties: Entities seeking to utilize certain City owned properties, as set forth in this paragraph, for events in which alcoholic beverages are to be sold, served, consumed or possessed upon such property must first timely submit an application for a city alcohol permit to append to the special event permit for use of the City owned property. This shall apply to the use of the following City owned property: 1. Depot Park; 2. Lakers Ball Fields; 3. The hockey rink and surrounding grounds between the dates of October 14th and March 21 st, at Woodland Park. D. Exceptions for Streets and Right -of -Ways of the City within the B-3 and B-4 Zones. Either a for profit or a not -for -profit entity may apply to utilize a street or right-of-way within the business B-3 and B-4 zones of the City for an event in which alcoholic beverages are to be sold, served, consumed or possessed. The entity must first timely submit an application for a city alcohol permit to append to the application for a special event permit for use of the City streets and right-of-ways. E. Application Process and Requirements. An application form for a special public event permit and City alcohol permit may be obtained from the City Attorney's office or online at the City's website and shall be timely submitted to the City Attorney's office. The application form will require certain information such as the date, place, time, and any city services required for such event. An application for an event in which alcohol is distributed or consumed outdoors shall include a detailed map specifically showing the proposed location of a fenced area in which all such distribution and consumption shall occur and be monitored. All permit applications must be submitted in adequate time for all necessary city departments to review, comment and prepare for the event. All permits will be administratively considered and approved or disapproved by the City Manager. The applicant for a City alcohol permit shall comply with all statutes and regulations of the Montana Department of Revenue governing sales of alcohol and shall ensure that a trained volunteer or employee in one of the preapproved Montana Department of Revenue training courses is present at the point of sale and service. F. The City Manager may grant a City special event and alcohol permit, if, considering the type of function, he/she 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; 3. Underage persons will not obtain alcoholic beverages served at the function, and the precautions proposed, such as fencing barriers to create separation, use of ID bracelets, and manned security, are likely to adequately 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 10:00 a.m. and 11:00 p.m.; 5. The applicant agrees to pay such fees and damage deposit to reimburse the City for its costs of solid waste pick up and removal and barricade placements and comply with all rules set out in the permit regarding the treatment of solid waste, material that may be used, e.g., no glass bottles; 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 as well as provide liability insurance coverage in the amount of seven hundred fifty thousand dollars ($750,000.00) per occurrence and one million five hundred thousand dollars ($1,500,000.00) aggregate (along with an alcohol insurance addendum) naming the City of Kalispell as an additional named insured. 8. The general public cannot be prohibited from attending the event. G. Either for profit or not -for -profit entities may apply for and the City Manager may approve a seasonal special public event permit for public events that recur in the same location in the B-3 or B-4 zones over a period of time not to exceed four (4) months. H. The City Manager may deny a permit on the grounds that approval would be detrimental to the public safety, health, order or welfare by reason of the nature of the event, or result in the consumption of alcoholic beverages by minors, or the failure of the applicant to conduct a past event in compliance with applicable laws and regulations. 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. I. The City supplants the provisions of subsection (1) Section 16-3-306, of Montana Code Annotated as follows: 1. With respect to restaurant beer and wine (RBW) licenses as authorized by Montana Code Annotated Sections 16-4-420 through 16-4-423 only, the City supplants the provisions of subsection (1) Section 16-3-306, of Montana Code Annotated, by eliminating entirely the distance requirement between licensed establishments and a church, synagogue or other place of worship, so long as such licensee is located within the General Business B-2, Core Area Business B-3, Central Business B-4, or Industrial -Commercial B-5 City land use zones. 2. With respect to any level of liquor licenses, as authorized by Montana Code Annotated, Title 16, the City supplants the provisions of subsection (1) Section 16-3- 306, of Montana Code Annotated, by eliminating entirely the distance requirement between licensed establishments and a church, synagogue or other place of worship, so long as such licensee is located within a Core Area Business B-3, or Central Business B-4 land use zone. 3. With respect to any level of liquor licenses, as authorized by Montana Code Annotated, Title 16, the City supplants the provisions of subsection (1) Section 16-3- 306, of Montana Code Annotated, by reducing the distance requirement between licensed liquor establishments and schools to three hundred (300) feet in the General Business B-2, Core Area Business B-3, Central Business B-4, and the Industrial - Commercial B-5 City land use zones.