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Mountain Prime Steakhouse Casino CUP/214 South Main�k Return to: Kalispell City Clerk PO Box 1997 Kalispell, MT 59903 III II I III II II II III III II II I I III I I III III I I I I I I III page: oo f3314 Debbie Pierson, Flathead County MT by TP 7/24/2025 1:42 PM City of Kalispell P. O. Box 1997 Kalispell, Montana 59903-1997 GRANT OF CONDITIONAL USE APPLICANT: Tuyen Tran 171 High Road Kalispell, MT 59901 LEGAL DESCRIPTION: Lots 3, 4, 5, and the Southerly 5 feet of Lot 2, Block 55 of Original Townsite of Kalispell, Montana, according to the map or plat thereof on file and of record in the office of the Clerk and Recorder of Flathead County, Montana. ZONE: B-4, Central Business The applicant has applied to the City of Kalispell for a conditional use permit to allow an accessory casino in conjunction with a full -service restaurant and bar within an existing structure in the B-4 (Central Business) zone. It is proposed to be located in an existing building at 214 South Main Street. The Kalispell City Planning Board and Zoning Commission, after due and proper notice, on June 10, 2025, held a public hearing on the application, took public comment and recommended that the application be approved subject to ten (10) conditions. After reviewing the application, the record, the Kalispell Planning Department report, and after duly considering the matter, the City Council of the City of Kalispell, pursuant to the Kalispell Zoning Ordinance, hereby adopts Kalispell Planning Department Conditional Use Report #KCU-25- 03 as the Council's findings of fact, and issues and grants to the above -described real property a conditional use permit to allow an accessory casino in an existing building at 214 South Main Street in the B-4 zoning district, subject to the following conditions: Commencement of Activity: The approved activity must begin within 18 months from the date of authorization, or a continuous good faith effort must be made to bring the project to completion. 2. Substantial Conformance: The development and use of the site shall be in substantial conformance with the submitted application and architectural/site plan drawings. 3. Compliance with Applicable Codes: The project shall comply with all applicable City of Kalispell zoning ordinances, building codes, and fire safety regulations. 4. Environmental Considerations: Any construction -related impacts such as dust, noise, or debris must be mitigated in accordance with City of Kalispell regulations. 5. State Licensing: Appropriate licensing for the use from the State of Montana Department of Public Health and Human Services shall be obtained and maintained. 6. Building Permit: A building permit, if necessary, shall be obtained prior to commencing the approved use. A final inspection must be completed by the City of Kalispell Building Department before the newly converted space is occupied. 7. Accessory Casino Separation — Walls: The accessory casino area shall be enclosed by permanent interior walls that extend from floor to ceiling, consistent with the physical separation standards outlined in Section 27.34.040 of the Kalispell Zoning Ordinance. A standard, closable interior door shall be installed to provide the sole point of access to the accessory casino area, maintaining a clear distinction between the gaming use and the primary restaurant/bar operation. 8. Accessory Casino Separation — Door: A standard, closable interior door shall be installed to provide the sole point of access into the accessory casino area, maintaining restricted entry and reinforcing its status as an accessory use. 9. Accessory Casino Compliance Verification: Prior to occupancy, final floor plans shall be submitted to and approved by the Planning and Building Departments to verify compliance with applicable zoning requirements, including floor area limitations, physical separation, and access controls as required for accessory casino uses. 10. Signage Compliance: All signage must strictly comply with Chapter 27.22 of the Kalispell Zoning Ordinance. In addition, under Section 27.34.040, absolutely no signage or architectural features shall advertise or draw attention to the casino. This includes, but is not limited to: any use of the words "gaming," "gambling," "cards," "dice," "chance," or similar terminology; any icons, graphics, or symbols associated with gambling; any language, figures, or imagery designed to promote or highlight the presence of the casino; and any form of neon lighting related to the gaming use. These elements are strictly prohibited. Given the building's location in Kalispell's historic downtown, signage must respect and reflect the district's visual character. No exceptions will be granted, and all proposed signage must be reviewed and approved by the Planning Department prior to installation. Dated this 7th day of July 2025. Mark Johnson Mayor STATE OF MONTANA ss County of Flathead ) On this a- day of j v , 2025 before me, a Notary Public, personally appeared Mark Johnson, Mayor of the Cit of Kalispell, known to me to be the person whose name is subscribed to the within instrument an acknowledged to me that he executed the same on behalf of the City of Kalispell. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal, the day and year first above written. Notak Public, State of Montana AIMCF BR�UNCKHORST �0?�R•�`vyG Notary Public • �, for the Stat:a of Montana ,osnKrnt. Rea:„ing *' 4F.At, . r: Lakeside., Montana Commission Expires: My Ljecer; giber 4, 2028