1. Special Event PermitCity of Kalispell
Charles A. Harball Office of City Attorney
City Attorney 201 First Avenue East
P.O. Box 1997
Kalispell, MT 59903-1997
TO: Doug Russell, City Manager
FROM: Charles Harball, City Attorney
Tel 406.758.7709
Fax 406.758.7771
charball@kalispell.com
SUBJECT: Legislation and Permission for Alcohol Served at Events on
City Owned Property
MEETING DATE: May 13, 2013 — Council Work Session
BACKGROUND: The City currently has legislation in place that allows for and
provides for a procedure for the service of alcohol for events held on City owned property.
KMC 3-18. The rule now is that consumption of alcohol in the city streets, alleys or other
public places is prohibited in the City except at the Buffalo Hill Golf Club and by permit
at the Hockaday Center for the Arts, the Conrad Mansion, the Kalispell Chamber of
Commerce building, the Kalispell City Airport, or the Central School Museum. Pursuant
to KMC 19-20 the consumption of alcohol in the City parks is specifically prohibited.
The City Council has expressed the desire to investigate and discuss the alternatives of
relaxing the prohibitions of alcohol on city owned property. This can be done legislatively
by the Council by some fairly minor amendments to the existing ordinances. The
permitting process is already in place in KMC 3-18(D) and probably needs little if any
amendment.
Attached to this memo is a redline version of KMC 3-18 and KMC 19-20 showing
amendments that may be made by Council to these ordinances to accomplish the various
considerations previously discussed by the Council.
Respectfully submitted,
Charles Harball, City Attorney
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 unless such action is within the
permitted uses authorized through a special public event permit issued by the City.
Notwithstanding the foregoing, this chapter shall not be construed to prohibit the legal
eensumptien of aleehelie bevefages at the City owned Getift-yafd Apai4meats ner- shall this
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, the Central School
Museum, Depot Park, Lions Park, or the pavilions at Woodland or Lawrence Park, or any street
or right-of-way belonging to the City for an event which involves the consumption, Of possession
e , Nit net the sale- or sale of, beer and/or wine shall first provide a written application for a
special public event permit nedee of the event. to the City Manager e -designee, describing the
date, place, and time for any such event. All such netifiealiens applications shall be submitted to
filed with the City Clerk Manager not less than three (3) weeks prior to the event. The City
Manager shall, in that three week period, make a determination on the application and place all
applications before the City Council as an action item to approve or disapprove the determination
made by the Citv Manaaer.l
C. , or- the
GeatfW Seheel Musettin fef a ftinefien whieh involves the sale ef beef and/er- wine must fifst
In addition, The applicant for a
special public event permit shall comply with all statutes and regulations of the Montana
Department of Revenue governing sales of beer and/or wine. Appliealieas shed! be filed with the
City Gle&.-
D. The City Manager , in , may jwith the approval of the City
Council grant a tefflper-af special public event permit allowing the sale of beer and/or wine, if,
considering the type of function, the Manager or- designe 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 pay such fees as the City Council may establish by Resolution to
reimburse the City for its costs of solid waste removal and barricade placements and comply
with all rules set out in the permit regarding the treatment of solid waste, material that may be
used, e.g. no glass bottles, : be per- ly ..,,.,....nsible or- Weaning, t fash disposal
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 as well as provide liability insurance coverage in
the amount of $750,000 per occurrence and $1,500,000 aggregate naming the City of Kalispell
as an additional named insured.
E. The G4y Manager- shall require the speasef ef any event involving the eansumptieft 6
. r of aleahelie bevefages or- the appheant for- a temper-ar-y beer- an&ef wine sales pe
li E. 1. The City Manager may deny a permit on the grounds that appfeval would be
event, the 46-4iheed that the event would er-eate a publie nuisanee or- result in the eensamption of
aleahelie beverages by fniners, its of 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
locution 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. Appr-eval er- denial of the pemiit shall be niade by the City Manager- er-, in his or- hef
absenee, designee, fiet 1a4ef than ten (10) business days fellewing sub"ssien ef the eempleted
appheafien to the City Ger-k.
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)
19-20 Parks; Indecent Conduct, Drinking.
A. Indecent Conduct: No threatening, profane, abusive, or disorderly, insulting or i fideeent,
language, conduct or behavior or aay aet tending to breach of the public peace shall be allowed
in or upon any park or public grounds. , ,
B. Intoxicating Liquors: Except under the auspices of a special public event permit, 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 City, may be removed
from such park or public place 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.
F. 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.
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)