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