1. Ordinance 1352 - 3rd Reading - Establishing an Alcohol Policy for City-Owned PropertyTO:
F IMO 1
City of Kalispell
Post Office Box 1997 • Kalispell, Montana 59903-1997 • Telephone (406) 758-7700 • FAX (406) 758-7758
Mayor Bill Boharski and Kalispell City Council
Rich Hickel, Asst. City Attorney
SUBJECT: Ordinance 1352 Establishing Rules Governing the Sale
and Consumption of Alcoholic Beverages at Specified
City -Owned Properties
MEETING DATE: May 1, 2000
BACKGROUND: This is the third reading of a proposed City
Ordinance establishing requirements which lessees
of the Hockaday Center, the Chamber Building, the
City Airport, the Conrad Mansion, and the Central
School Museum must adhere to for any events held on
premises involving consumption of alcohol.
The Ordinance has again been amended to state explicitly what
was implicit in the previous version. Alcohol sales are permitted
at the Golf Club under the beverage license which it holds. The
Golf Club is referenced as being excluded from the general rule
prohibiting alcohol sales and/or consumption on City -owned
facilities.
In addition, Federal and State Constitutional requirements
prohibit invasions of privacy in personal residences. The
proposed Ordinance now specifically provides that it does not apply
to the private residences at Courtyard Apartments.
The only substantive change is the third revision which
concerns procedures to be followed when an event involving alcohol
consumption only is to be conducted. Rather than requiring written
permission of the City Manager or his desicnee, the Ordinance now
requires the event sponsor to merely provide the City Manager or
his designee with advance notice of the event. Events involving
alcoholic beverage sales will still require the sponsor to procure
a permit from the City Manager or designee in advance of the event.
Third Reading Memo
Alcohol Policy
Page 1 of 2
One point which has not been discussed in the controversy
surrounding this particular Ordinance is the impact of failure to
amend the current Open Container Ordinance. Current Kalispell City
Code §3-10.1 provides in part, "[N]o person shall consume alcohol
in any street or alley or public place within the City. ... " Since
"public place" is not defined, arguably this may include publicly -
owned buildings and facilities such as .the Conrad Mansion or
Chamber Building. If the City is to be consistent in its
enforcement of the Open Container Ordinance, it should be doing in
all public places and not simply those such as the City parks and
the streets and sidewalks adjoining businesses selling alcoholic
beverages.
Respectfully submitted,
A/c4RHickel, Asst. City Attorney
M"T",
Third Reading Memo
Alcohol Policy
Page 2 of 2
Chris Kukulski, City Manager
ORDINANCE NO. 1352
AN ORDINANCE REPEALING ORDINANCE NO. 811 § 1 AND ORDINANCE NO. 813
§ 1 (§3-10.1, KALISPELL CITY CODE) BY PROHIBITING THE SALE,
CONSUMPTION OR POSSESSION OF ALCOHOLIC BEVERAGES IN OR UPON ANY
BUILDINGS OR OTHER PROPERTY OWNED OR OCCUPIED BY THE CITY AND UPON
ANY STREET OR SIDEWALK, EXCEPT CERTAIN PREMISES AS APPROVED BY THE
CITY MANAGER OR HIS DESIGNEE AND ESTABLISHING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL,
MONTANA, AS FOLLOWS:
SECTION I.
A) Except as otherwise provided in this code, 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.
Notwithstanding the foregoing, this Ordinance shall
not be construed to prohibit the legal consumption
of alcoholic beverages at the City -owned Courtyard
Apartments nor shall this Ordinance be construed to
prohibit the legal sale, service, consumption or
possession of alcoholic beverages on the grounds of
the Buffalo Hill Golf Club.
B) Persons wishing to use the Hockaday Center for the
Arts, the Conrad Mansion, the Kalispell Chamber of
Commerce building, the Kalispell City Airport, or
the Central School Museum for an event which
involves the consumption or possession of, but not
the sale of, beer and/or wine shall first request
provide written notice of the event to
the City Manager or his designee, describing the
date, place, and time for any such event. All such
regttests notifications shall be submitted to the
City Manager not less than three (3) days prior to
the event.
C) Persons wishing to use the Hockaday Center for the
Arts, the Conrad Mansion, or the Central School
Museum for a function which involves the sale of
beer and/or wine must first apply for and obtain a
temporary sales permit from the City of Kalispell.
In addition, the applicant shall comply with all
statutes and regulations of the Montana Department
of Revenue governing sales of beer and/or wine.
Applications shall be filed with the City Clerk.
D) The City Manager or, in his absence, his designee,
may grant a temporary permit allowing the sale of
beer and/or wine, if, considering the type of
function, the Manager or his designee 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 inconven-
ience to the residents of the surrounding
neighborhoods;
3) Underage persons will not obtain alcoholic
beverages served at the function, and the
precautions proposed are likely to 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 eleven
A.M. and eleven P.M.;
5) The applicant agrees to be personally
responsible for cleaning, trash disposal or
repairs necessary as a result of the event for
which the permit was issued;
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.
E) The City Manager shall require the sponsor of any
event involving the consumption or possession of
alcoholic beverages or the applicant for a
temporary beer and/or wine sales permit to obtain
liquor/host, liquor and general liability insurance
in such amount deemed necessary to protect the
City's interest, and to name the City as an
additional insured on any policies.
F) 1) The City Manager may deny a permit on the
grounds that approval would be detrimental to
the public safety, health, morals, order or
welfare by reason of the nature of the event,
the likelihood that the event would create a
public nuisance or result in the consumption
of alcoholic beverages by minors, its location
within the community, or the failure of the
applicant to conduct a past event in
compliance with applicable laws and
regulations.
2) 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.
G) Approval or denial of the permit shall be made by
the City Manager or, in his absence, his designee,
not later than ten (10) business days following
submission of the completed application to the City
Clerk.
SECTION II. This Ordinance shall be effective thirty (30)
days from and after the date of its final
passage and approval.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF
THE CITY OF KALISPELL, THIS DAY OF , 2000.
Wm. E. Boharski
Mayor
Attest:
Theresa White
City Clerk