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H4. Ord 1876 amending KMC 3-18 to add ParklineCity of Kalispell Charles A. xarball Office of City Attorney City Attorney 201 First Avenue East P.O. Box 1997 Kalispell, MT 59903-1997 TO: FROM: MEMORANDUM Doug Russell, City Manager Charles Harball, City Attorney Tel 406.758.7709 Fax 406.758.7758 charball@kalispell.com SUBJECT: Ordinance No. 1876 — Amending Kalispell Municipal Code 3-18 to include the Parkline as an Exception to the Public Places in which the Consumption of Alcohol is Prohibited Subject to Regulation MEETING DATE: April 18, 2022 — Regular Council Meeting BACKGROUND: With the Parkline nearing completion the public will soon be enjoying the park and its amenities. The City foresaw that the park would be attractive for groups seeking to use it as a venue for events, including events in which alcohol would be available. The City already has permitting regulation in place for such events in other City owned venues. This regulation requires, among other things, the applicant to acquire appropriate liability insurance, compliance with all Department of Revenue requirements and a bounded area in which alcohol is served and consumed. Given these parameters, the Council is being asked to consider an amendment to the existing code at KMC 3-18 in which the Parkline is added at Paragraph C, to the short list of City properties in which a permit to have an event in which alcohol is served and consumed may be obtained subject to the regulations therein. The amendment qualifies the permit to require that the trail remain open to the public and the hours of the event be restricted to the hours of 11:00am to 11:00pm. Finally, as a clerical update, the amendment is proposed to change Paragraph B in which the Museum at Central School name is corrected to its new name of Northwest Montana History Museum and the word Museum is added to Conrad Mansion. RECOMMENDATION: It is recommended that the Council consider a motion to approve the first reading of Ordinance No. 1876, an ordinance amending Kalispell Municipal Code 3-18 to add the Parkline to paragraph C as a city owned property in which a permit to have an event in which alcohol is served and consumed may be obtained subject to the regulations therein, correcting the name of the Northwest Montana History Museum in paragraph B, declaring an effective date and authorizing the City Attorney to codify the same. ALTERNATIVES: The Council may discuss and offer other alternatives. ATTACHMENTS: Ordinance 1876 with Exhibit A ORDINANCE NO. 1876 AN ORDINANCE AMENDING KALISPELL MUNICIPAL CODE [KMC] 3-18 TO ADD THE PARKLINE TO PARAGRAPH C AS A CITY OWNED PROPERTY IN WHICH A PERMIT TO HAVE AN EVENT IN WHICH ALCOHOL IS SERVED AND CONSUMED MAY BE OBTAINED SUBJECT TO THE REGULATIONS THEREIN, CORRECTING THE NAME OF THE NORTHWEST MONTANA HISTORY MUSEUM IN PARAGRAPH B, DECLARING AN EFFECTIVE DATE AND AUTHORIZING THE CITY ATTORNEY TO CODIFY THE SAME. WHEREAS, it was anticipated that the Parkline would be attractive for groups seeking to use it as a venue for events, including events in which alcohol would be available; and WHEREAS, the City has, within KMC 3-18, permitting regulation in place for events in other City owned venues in which alcohol will be served and consumed; and WHEREAS, the existing regulation requires, among other things, the applicant to acquire all appropriate liability insurance, compliance with all Department of Revenue requirements and a bounded area in which alcohol is served and consumed; and WHEREAS, as the Parkline bounds many mixed -use properties including residential, it would be appropriate to limit the hours of events to the hours of 11:00am to 11:00pm; and WHEREAS, Paragraph B of Kalispell Municipal Code 3-18 uses the name of the Museum at Central School which has since changed its name to Northwest Montana History Museum and should be corrected. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTION 1. Ordinance No. 1355 enacted by the Kalispell City Council, last amended as Ordinance No. 1786 and codified in the Kalispell Municipal Code at 3-18 is hereby amended as set forth in Exhibit "A" attached hereto and is hereby fully incorporated 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 DAY OF , 2022. Mark Johnson Mayor ATTEST: Aimee Brunckhorst, CMC City Clerk Exhibit "A" 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: I. Buffalo Hill Golf Course; 2. Hockaday Center for the Arts and its grounds; 3. Kalispell Chamber of Commerce (Depot) Building and leased grounds; 4 M,,..,,,,V.. at Gentfa' c,.h..' Northwest Montana History Museum and its grounds; 5. Conrad Mansion Museum 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: I . Depot Park; 2. Lakers Ball Fields; 3. The hockey rink and surrounding grounds between the dates of October 14th and March 21st, at Woodland Park. 4. The Parkline between the hours of 11:OOam and 11:OOpm with the trail within the Parkline remaining open to the public