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3. Ordinance 1725 - Amending Park Rules & Regulations - 1st ReadingCity of Kalispell Charles A. Harball Office of City Attorney City Attorney 201 First Avenue East P.O. Box 1997 Kalispell, MT 59903-1997 101DI1����# TO: Doug Russell, City ManagerFROM: Charles Harball, City Attorney Tel 406.758.7709 Fax 406.758.7771 charball@kalispell.com SUBJECT: Ordinance No. 1725 - Legislation and Permission for Alcohol Served at Events on City Owned Property MEETING DATE: May 20, 2013 — Regular Council Meeting 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 held a workshop May 13, 2012 to discuss whether it would be desirable to amend the current city ordinances to allow for some expansion of the lawful consumption of beer and wine at special public events held upon city owned property and under what circumstances. The proposed ordinance is a redline version that includes the terms of the primary discussion and concerns expressed by the Council at its work session. RECOMMENDATION: The Council should consider and pass Ordinance No. 1725 to effect Council's determination to somewhat relax the current restrictions on the use of alcohol at public events on City property. Respectfully submitted, Charles rball, City Attorney ORDINANCE NO.1725 AN ORDINANCE AMENDING THE CITY OF KALISPELL MUNICIPAL CODE REGARDING THE SALE, SERVICE, CONSUMPTION OR POSSESSION OF AN OPEN CONTAINER OF ANY ALCOHOLIC BEVERAGE IN OR UPON ANY BUILDING OR OTHER PROPERTY OWNED OR OCCUPIED BY THE CITY AS CODIFIED AT KALISPELL MUNICIPAL CODES 3-18 AND 19-20, DECLARING AN EFFECTIVE DATE, AND AUTHORIZING THE CITY ATTORNEY TO CODIFY THE SAME. WHEREAS, the Kalispell Municipal Ordinances regarding the sale, service, consumption or possession of an open container of any alcoholic beverage in or upon any building or other property owned or occupied by the city as it regards special public events has recently been the subject of discussion by the public and the City Council; and WHEREAS, members of City Council and staff have regularly heard from city residents, business owners and service organizations that it would be desirable for the lawful consumption of beer and wine at special public events held upon city owned property; and WHEREAS, the City Council finds that it is feasible to regulate the consumption of beer and wine at special public events held upon city owned property so as to reasonably mitigate the risks to the City and its residents; and WHEREAS, it is in the best interests of the City and its residents to amend the Municipal Code to regulate the sale, service, consumption or possession of beer and wine at special public events held on city owned property as reflected in Exhibit "A" attached hereto. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTION I. The City of Kalispell Municipal Code codified at 3-18 and 19-20 of the Code is hereby amended as set forth in Exhibit "A", attached hereto and incorporated fully herein by this reference. SECTION II. The City Attorney is hereby authorized and directed to recodify these Ordinances. SECTION III. This Ordinance shall take effect thirty (30) days after its final passage. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL THIS 20TH DAY OF MAY, 2013. Tammi Fisher Mayor ATTEST: Theresa White City Clerk Exhibit "A" 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 eensuffiption of aleohelie beverages at the City owned Geui4yar-d ApaAffients nor- shall "s ehaptef be eanstfued 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 and its grounds, the Conrad Mansion and its grounds, the Kalispell Chamber of Commerce building, the Kalispell City Airport, the Central School Museum, Depot Park, Lakers Ball Fields, the enclosed hockey rink/summer camp area at Woodland Park, or, if the applicant is a not -for -profit organization a street or right-of-way within the commercial district belonging to the City for an event which involves the consumption, of possession of, but not the sale or sale of, beer and/or wine shall first provide a written application for a special public event permit no&e of the _ e fit to the City Manager of designee, describing the date, place, and time for any such event. All such ne+rivcmeatieii$ applications shall be submitted to filed with the City Clerk Manager not less than three (3) d&y-, weeks prior to the event. The City Manager shall, in that three week period, make a recommendation on the application and place all applications before the City Council as an action item to approve or disapprove the recommendation made by the Citv Manaizer. C. , or- the GentfalSeheel Museum for- a funetien whieh invelves the sale of beer- aa&er- wifle must first ift-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. Apphe tions shall be filed with the CityGlerl. D. , ' , The City Council may grant a teffiperafy special public event permit allowing the sale of beer and/or wine, if, considering the type of function, the MaRag or- designee it 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, such as fencing barriers to create separation, use of ID bracelets, and manned security, are likely to adequately 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 and damage deposit as the City Council may establish by resolution to reimburse the City for its costs of solid waste pick up and 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; 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 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. Not -for -profit entities may apply for and the City Council may approve a seasonal special public event permit for public events that recur in the same location over a period of time not to exceed four (4) months. � ��"---'1»•-• •-- , "1»�� "" b""""" ��•+•.•�• ,,J au.,.al a..uvv lu .uvla ualaV uuuvvulvu Ilva.vuour� -cv pr-eteet the f interest, md to name the Gity as an . F. 4-. The City Council Manage may deny a permit on the grounds that approval would be detrimental to the public safety, health, rner-als, order or welfare by reason of the nature of the event, the likelihee that the � ,l er-eate „bl e or result in the consumption of V VIl 111U1 l.11l, event �� alcoholic beverages by minors, its , 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. 1 1 / I.G. The City supplants the provisions of subsection (1) Section 16-3-306, of Montana Code Annotated as follows: 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 —conduct or behavior or any aet teading to a breach of the public peace shall be allowed in or upon any park or public grounds. , 11V1r shall anyper-son play gaffies of ,.h ane , drink 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)