3. Ordinance 1352 - 2nd Reading - Establishing an Alcohol Policy for City Owned PropertyTO:
FROM:
SUBJECT:
Mayor Bill Boharski and Kalispell City Council
Rich Hickel, Asst. City Attorney
Ordinance 1352-Alcohol Policy for Certain City -Owned
Buildings, as Amended
MEETING DATE: April 17, 2000
BACKGROUND: This is the Second Reading for Ordinance No. 1352.
I have incorporated the revisions requested by
Council at the first reading. A "red line" version
of the revised Ordinance highlights the changes
made in Section I, Parts (C).and (G) .
ALTERNATIVES: n/a
RECOMMENDATION: n/a
FISCAL EFFECTS: n/a
Res tfully submitted,
Rich Hi el,`Asst. City Attorney Chris Kukuls i, City Manager
RMH
_ Post Office Box 1997 • Kalispell, Montana 59903-1997
Telephone (406) 758-7700 • FAX (406) 758-7758
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.
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,
in writing, the written permission of the City
Manager or his designee, describing the date,
place, and time for any such event. All such
requests 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 fteb
less—thaft ben (1 9) days prier te the e -
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