1. Ordinance 1638 - Amending Chapter 3, Alcoholic Beverages, Kalispell Municipal Code - 2nd ReadingCity of Kalispell
Charles A. rball Office f City Attorney
City Attorney 201 First Avenue, Ea
P.O. Box 1997
Kali.spelL MT 59903-1997
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u1p-M
& A -1 i DI I - I IDui-kk
TOE Mayor Pamela B. Kennedy
and Kalispell City Council
FROM-9 Charles Harball, City Attorney
James H. Patrick, City Manager
Tel 406.758.7977
Fax 406.758.7979
clear alI @ kal i s pel 1. com
SUBJECT: Second Reading - Amendment to Kalispell City, Code to
Allow Any Liquor License to be Issued M' Central Business
B-4, Zone Without Distance Restrictions to Places of
Worship.
NMETING DATE: Monday, June 2, 2008 — Regular Council Meeting
BACKGROUND: A request was made to Council by Bill Goodman, a downtown
business owner, to consider amendig the City Ordinance to allow an All Beverage
Liquor License to be issued within the City B-2, B-3, B-4 and B-5 land use zones
w ithout the distance restrictions of 600 feet from of any church, synagogue, other place
of worship or school as required by MCA 16-3-306. The state law at MCA 16-3-309
give s an incorporated city such as Kalis p e 11 th e authority to su p plant MCA 16- 3 - 3 06 by
establishing a jurisdictional area in which such restrictions may be modified or
eliminated. By Ordinance 1355 7 in June, 2000, the City lifted this restriction for beer
and wine licenses within the above -described zoning districts.
Council considered the request on first reading and passed an amendment to the
City Code that requires 1) no distance restriction between an establishment with any
kind of liquor license and any place of worship in the City B-4 zone; and 2) creates a
distance restriction of 300 feet between an establishment with any kind of liquor license
and a school in the City B-2, B-3, B-4 and B-5 zones; and 3) maintains no distance
restriction between an establishment with, a restaurant beer and whi.e license and any
place of worsh' P -menin the City B-2, B-3, B4 and B-5 zones. The amendtmakes no
I
change to the state law that requires a 600 foot distance restriction between an
establishment with any kind of liquor license and any place of worship or school in all
other zoning districts in the City.
RECOAUdENDATION-, The B-4 Central Business Zone comprises downtown
Kalispell which is essentially built out but in need of revitalization which may include
additional restaurants or other establishments that would benefit from a full liquor
license. Few churches would be effected by an amendment limited to the B-4 Central
Business Zone and those churches that are, currently exist with no distance restrictions
froin beer and wine licensed establishments. The additional amendment to require a
07-do
irmce 1638 Memoranduiii,
May. 29, 2008
Page - 2
min imuni ' 300 feet of distance between an establ'ish,ment with any d of Hquor
1 i c e Ti se ri ii d a school im the C ity B-2, B -3, 13-4 and B-5 zon, es seems to be we 11 received by
th e co iii ni u pity. City Stafftherefore recommends that the City Ordinance as amended
be passed on second reading.
FISCAL EFFECTS: Noiie,.
Ret3peOtfUlly SU bMit'ted
Char airbaU. it Attorney A . s H. Patrick
Cit,.v Managed
Orfice of City Attorney
City of Kafispdl
ORDINANCE NO, 1638
AN ORDINANCE AMENDING ORDINANCE NO. 1355, CODIFIED AS KALISPELL CITY
CODE 3-18 SUPPLANTING THE PROVISIONS OF MCA 16-3-306 ELIMINATING THE
DISTANCE REQUIREMENT BETWEEN AN ESTABLISHMENT WITH ANY LIQUOR
LICENSE AND A CHURCH, SYNAGOGUE, OTHER PLACE OF WORSHIP IN THE B-4
CENTRAL BUSINESS ONE, AND REQUIRING A DISTANCE OF 300 FEET BETWEEN
AN ESTABLISHMENT WITH ANY LIQUOR, LICENSE AND A SCHOOL IN GENERAL
BUSINESS R-2, COMMUNITY BUSINESS B-3,, CENTRAL BUSINESS B-4, AND THE
INDUSTRIAL -COMMERCIAL B-5 CITY LAND USE ZONES AND DECLARING AN
EFFECTIVE DATE,
WHEREAS, the state law at MCA 16-3-306 does not allow a "liquor license to be issued to any
establishment within 600 feet of any church, synagogue, other place of worship or
School; and
WHEREAS, the state law at MCA 16-3-309 gives an incorporated city such as Kalispell the
authority to supplant MCA 16-3-306 by establishing a jurisdictional area in which
such restrictions may be modified or eliminated; and
WHEREAS, in the year 2000, the City Council passed Ordinance No. 1355 which eliminated the
distance -requirement between establishments with a restaurant beer and wine license
and any church, synagogue, other place of worship or school in the General Business
1 -2, Community Business B-3, Central Business B-4, and the Ind ustrial-Cornmercial
B-5 City land use zones- and
WHEREAS, the B-4 Cenlr-al Business Zone comprises downtown Kalispell which is essentially
built out but in need of revitalization which may include additional restaurants or
other establishments that would benefit from an All Beverage as well as the
Restaurant Beer and Wine liquor license; and
WHEREAS, the Kalispell City Council finds that it is in the best interests of the City i,,)I' Kalispell
to allow establishrnents within the B-4 Central Business Zone to have any level of
liquor license without distance restrictions from any church, synagogue or other place
oI worship; and
WHEREAS, the Kalispell City Council further finds that its in the best interests of the City that at
least 300 feet separate schools from establishments with, any level of -liquor license in
the General Business B-2, Community Business B-3, Central Business B-4, and the
Industrial -Commercial B-5 City land use zones.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL,, MONTANA, AS
FOLLOWS:
SECTION 1. Kalispell City Code 3-18 shall be and is, hereby aniended by replacing
paragraph. H. to read as follows:
.'4H. 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
B-3, and the Industrial -Comm ercia I 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 Annotatedx by eliminating entirely the distance
requirement between licensed estilMiss ments and a church, synagogue OTother
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 161 the City sup -plants 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 300 feet in the General
Business B-2. Community Business B-3, Central Business B-4, and the.
Industrial-Cornmercial B-5 City land use zones.
SEMON III. 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, MONTANA, THIS 2ND DAY OF JUG, 2008.
Pamela B. Kennedy
Mayor
ATTEST:
Theresa White
City Clerk