1. Alcohol in City ParksCity of Kalispell
OFFICE OF THE CITY MANAGER
TO: Mayor Fisher and Kalispell City Council
FROM: Doug Russell, City Manager
DATE: January 28, 2013
SUBJECT: Discussion on alcohol in public facilities/parks
At the last meeting, Council was approached regarding amending the municipal ordinance which
identifies the public facilities which allow sale and/or consumption of alcohol. The specific
request was to allow sale and consumption of alcohol at the Woodland Ice Center in Woodland
Park.
I have attached Municipal Code 3-18 which would need to be amended to include additional
facilities and Municipal Code 19-20 which further addresses alcohol in parks.
The recommended action for this work session is to review the ordinances, discuss the potential
addition of allowable facilities, and provide staff direction on potential amendments to the
ordinances.
www.kalispell.com
Article 3 OFFENSES AND PENALTIES http://gcode.us/codes/kalispell/view.php?topic=3-3&showA]1=1&fr...
It is unlawful for any licensee, his or her employee or employees, or any other person to sell, deliver, or give
away or cause or permit to be sold, delivered or given away any alcoholic beverage to:
A. Any person under twenty-one (21) years of age;
B. Any intoxicated person or any person actually, apparently, or obviously intoxicated. (Ord. 1355,
6-5-2000)
3-18 Consumption in Street, Alley, or Public Place Prohibited.
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 chapter shall not
be construed to prohibit the legal consumption of alcoholic beverages at the City -owned Courtyard
Apartments nor shall this chapter 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 provide
written notice of the event to the City Manager or designee, describing the date, place, and time for any
such event. All such 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. 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 or her absence, designee, may grant a temporary permit allowing the
sale of beer and/or wine, if, considering the type of function, the Manager or 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 inconvenience 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 11:00
a.m. and 11:00 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
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Article 3 OFFENSES AND PENALTIES http://gcode.us/codes/kalispell/view.php?topic=3-3&showAll=1&fr...
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 or her absence,
designee, not later than ten (10) business days following submission of the completed application to the
City Clerk.
H. The City supplants the provisions of subsection (1) Section 16-3-306, of Montana Code Annotated
as follows:
1. With respect to restaurant beer and wine (RBW) licenses as authorized by Montana Code
Annotated Sections 16-4-420 through 16-4-423 only, the City supplants the provisions of subsection
(1) Section 16-3-306, of Montana Code Annotated, by eliminating entirely the distance requirement
between licensed establishments and a church, synagogue or other place of worship, so long as such
licensee is located within the General Business B-2, Community Business 133, and the Industrial -
Commercial B-5 City land use zones.
2. With respect to any level of liquor licenses, as authorized by Montana Code Annotated, Title
16 the City supplants the provisions of subsection (1) Section 16-3-306, of Montana Code
Annotated, by eliminating entirely the distance requirement between licensed establishments and a
church, synagogue or other place of worship, so long as such licensee is located within a Central
Business, B-4 land use zone.
3. With respect to any level of liquor licenses, as authorized by Montana Code Annotated, Title
16, the City supplants the provisions of subsection (1) Section 16-3-306, of Montana Code
Annotated, by reducing the distance requirement between licensed liquor establishments and
schools to three hundred (300) feet in the General Business B-2, Community Business B-3, Central
Business B-4, and the Industrial -Commercial B-5 City land use zones. (Ord. 1355, 6-5-2000; Ord.
1638, 6-2-2008)
3-19 Penalties.
Any person violating any of the provisions of this article shall, upon conviction thereof, be punished as
provided in Section 1-9 of this Code. (Ord. 1355, 6-5-2000)
3-20 Municipal Court to Report Convictions.
In the case of conviction of any licensee hereunder of any violation of this chapter in the Municipal Court, the
Municipal Judge shall within ten (10) days thereafter, whether or not an appeal has been taken from the
judgment of conviction, transmit to the Montana Department of Revenue, a certified copy of the record of
conviction. (Ord. 1355, 6-5-2000)
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19-20 Parks; Indecent Conduct, Drinking.
http://gcode.us/codes/kalispell/view.php?topic=l9-19_20&frames=on
Kalispell Municipal Code
�1p Preyious Next Main
Chapter 19 OFFENSES; MISCELLANEOUS
19-20 Parks; Indecent Conduct, Drinking.
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A. Indecent Conduct: No threatening, profane, abusive, disorderly, insulting or indecent language,
conduct or behavior or any act tending to a breach of the public peace shall be allowed in or upon any
park or public grounds, nor shall any person play games of chance, drink intoxicating liquor or be drunk
or do any indecent or improper act therein.
B. Intoxicating Liquors: No person shall take into or upon any park, nor into or upon any public
grounds, any intoxicating liquors, either for sale to others in such park or public grounds, nor shall any
person sell, give away or in any way dispose of any intoxicating liquor in or upon any park or public
grounds.
C. Removal of Person: Any drunk or disorderly person or any person doing an act injurious to the park
or public place in which he or she then is or who is in the act of violating any rules or regulations of the
board of park commissioners or any ordinances of the City, may be removed from such park or public
place by the keeper thereof or by any police officer of the City.
D. Hours: City parks shall be posted as open at 6:00 a.m. every day and closed at 11:00 p.m. every
day. It shall be unlawful for any person to remain in any City park during the time when it is closed.
E. Park Access Restricted: Upon making a finding of guilty to a violation of any portion of this
section, the Municipal Court Judge may, in addition to all other sanctions permitted, order that the
violator be restricted from access to any of the City parks for a period of up to one hundred eighty (180)
days.
E Woodland Skate Park: The rules and regulations of the Woodland Skate Park shall be posted in a
clearly visible portion of the skate park, stating that the skate park is not supervised and participants
shall skate at their own risk. The rules and regulations of the skate park are as follows:
1. All participants must wear appropriate safety gear: CSA approved helmets and footwear are
mandatory. Helmets must fit properly with straps fastened. Pads, gloves and guards are strongly
recommended.
2. The surface is extremely dangerous when wet; the park will be closed during inclement
weather or if surface and equipment are wet.
3. Alcohol, drugs and tobacco are prohibited in and around this facility.
4. All food and drinks are prohibited inside the fenced area. Please use trash containers to keep
your park clean and safe.
5. No animals are allowed inside the fenced skate park area.
6. Skateboards, BMX bikes, and in -line skates allowed only during designated times.
7. Children under the age of ten (10) years old must be accompanied by an adult.
8. Due to safety concerns, spectators who are not skating may not enter the skate park while
activity is in progress and must remain outside the fence.
9. Hours of operation are from one-half (1/2) hour before sunrise to one-half (1/2) hour after
sunset unless otherwise posted. The Department of Parks and Recreation reserves the right to
change the schedule as necessary. (See posted hours of operation.)
10. Vandalism, including graffiti and tagging is strictly forbidden.
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19-20 Parks; Indecent Conduct, Drinking. http://gcode.us/codes/kalispell/view.php?topic=l9-19_20&frames=on
11. Additional ramps, jumps or obstacles are not allowed in the park. No modifications to the
skating surfaces or features are allowed. Skating is restricted to the park and its features
specifically designed for that purpose.
12. The Parks and Recreation Department of the City of Kalispell reserves the right to close the
Woodland Skate Park for a determined period of time should any issue at the skateboard park
become dangerous to the general public, and/or unmanageable by the Department of Parks and
Recreation. Those found inside the locked fence during periods of closure will be deemed guilty of
criminal trespass and subject to removal and restriction as set forth in subsections C and E of this
section. (R.O. 1947 §§ 899-901; amd. Ord. 1364, 10-2-2000; Ord. 1466, 7-7-2003; Ord. 1492,
3-1-2004; Ord. 1663, 6-15-2009; Ord. 1664, 6-15-2009)
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