Ordinance 1691 - NOT ACTED ON - Courthouse East PUD Amendment - Sale of Beer & WineReturn to: FEBRUARY 22, 2011- NOT ACTED ON
Kalispell City Clerk
PO Box 1997
Kalispell, MT 59903
ORDINANCE NO. 1691
AN ORDINANCE AUTHORIZING AND ADOPTING AN AMENDMENT TO THE
COURTHOUSE EAST PLANNED UNIT DEVELOPMENT ENACTED BY ORDINANCE
NO. 1538 IN CONNECTION WITH THE SALE OF BEER AND WINE.
WHEREAS, the City Council of the City of Kalispell by Ordinance No. 1538 approved the
Courthouse East Planned Unit Development on June 20, 2005, and
WHEREAS, Vince Padilla, as the managing member of Boiler Room LLC, located within and
subject to the terms of the PUD, has requested an amendment to the Courthouse East
PUD in order to sell beer and wine in the "Boiler Room" coffeehouse, and
WHEREAS, the sale of beer and wine is not a permitted use within the Courthouse East PUD and
is considered to be a major amendment to the existing PUD and therefore is a
determination for the City Council to make, and
WHEREAS, based upon the application submitted and all evidence provided to the City Council in
writing and orally at public hearing, it is in the best interests of the City of Kalispell
that the Courthouse East Planned Unit Development be amended as set forth below.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL, MONTANA AS FOLLOWS:
SECTION L That the Courthouse East Planned Unit Development shall be amended to
provide the following:
18. The sale of alcoholic beverages shall be limited to the existing footprint of the Boiler
Room premises at the Courthouse East PUD and shall be limited to the sale of beer
and wine.
19. There shall be no gaming permitted within the Courthouse East PUD.
20. There shall be no signage or advertising visible on the outside of any premises within
the Courthouse East PUD that is associated with the sale and consumption of
alcoholic beverages. This prohibition shall include, but is not necessarily limited to,
the display of wall signs, window signs, pennants, streamers, banners, and other
temporary signs.
21. Alcoholic beverage sale shall be limited to the hours of 4 p.m. to 10 p.m.
22. Sale and consumption of alcoholic beverages shall be limited to indoors only. Outside
(including roof top) sales and consumption of alcohol is prohibited.
SECTION IL This Ordinance shall take effect from and after 30 days of its passage by the
City Council.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF
THE CITY OF KALISPELL, MONTANA, THIS DAY OF , 2011.
Tammi Fisher
Mayor
ATTEST:
Theresa White
City Clerk