5. Ordinance 1352 - 1st Reading - Establishing Alcohol Policy on City Owned PropertyTO:
FROM:
Mayor Bill Boharski and Kalispell City Council
Rich Hickel, Asst. City Attorney
SUBJECT: Ordinance 1333 Establishing Rules Governing the Sale
and Consumption of Alcoholic Beverages at Specified
City -Owned Properties
MEETING DATE: March 29, 2000
BACKGROUND: This is the first 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.
Until now, differing policies have been followed at each
location. The Ordinance is designed to bring uniformity to these
city -owned buildings, while establishing insurance requirements
staff deems necessary to provide liability exposure protection.
Staff believes the lessees of the premises should provide requisite
insurance coverage prior to alcohol -related events at the city
facilities.
Occasionally, requests are presented to staff by the Central
School Museum to permit sales of alcoholic beverages on -site. The
proposed Ordinance contemplates that all other Montana Department
of Revenue requirements must -le met as a precondition to such
activities, in addition to the insurance requirements.
The Ordinance leaves the appropriate amount of insurance
coverage to the "informed --discretion of the City Manager. It is
anticipated that -minimum:' insurance requirements may need to be
increased from time-to=t"me as_ the law develops. Therefore such
minimum requirements will be established by the Manager after
consultation with legal staff.
In order to avoid" ariy-apparent conflicts between the current
City Code section prohibiting alcohol in city -owned parks, the
application of this o'dinance is limited to the specified
locations. The Buffalo Hj:11s club house, for example, has a full -
beverage license already -and therefore need not be covered by this
ordinance.
Post Office Box 1997 •, Kalispell, Montana 59903-1997
Telephone (406) 758-_7700 • FAX (406) 758-7758
ALTERNATIVES: Staff considered the following alternatives on
this subject:
(1) Continuation of past practice, which left
all discretion with the lessees;
(2) Complete prohibition of alcohol on these
city -owned locations; and
(3) Establishment of reasonable regulations
designed to bring uniformity in approach
to the facilities while shifting risk to
the lessees.
RECOMMENDATION: Adopting Alternative 43 is recommended by
staff. The proposed ordinance strikes a balance between the city's
desire to shift liability exposure to the lessees, while preserving
the lessees opportunity to carry on certain social/funding-raising
functions involving alcoholic beverages on -site.
FISCAL EFFECTS: Probably neutral. Sales of alcohol at catered
events in the city are already regulated. The city does not expect
this ordinance to result in any significant change to the number of
such requests currently handled by the city. It is the intent of
the ordinance that the shifting of risk to the lessees will reduce
exposure on the part of the city as lessor.
Respectfully submitted,
�, YI/ C1
is Hi el,, sst. ity Attorney Chris Kukulski, City Manager
RMH
ORDINANCE N0. 1333
AN ORDINANCE REPEALING ORDINANCE NO. 811 § 1 AND ORDINANCE NO. 813
S 1 (53-10.1, 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 not
later than ten (10) days prior to the event.
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.
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 AUGUST, 1999.
Wm E. Boharski
Mayor
Attest:
Theresa White
City Clerk