1. Ordinance 1725 - Amending Park Rules & Reglations - 2nd ReadingCity of Kalispell
Charles A. Harball office of City Attorney
City Attorney 201 First Avenue East
P.O. Box 1997
Kalispell, MT 59903-1997
MEMORANDUM
TO: Doug Russell, City Manager
FROM: Charles Harball, City Attorney
Tel 406.758.7709
Fax 406.75 8.7771
cbarball C kahspell.corn
SUBJECT: ordinance No. 1725 - Legislation and Permission for .Alcohol
Served at Events on City owned Property
MEETING HATE: June 3, 2013 Regular Council Meeting — Second Reading
BACKGROUND.* on first reading, May 20, 2013, the City Council passed ordinance
No. 1725 regulating the service and consumption of beer and wine on city owned
property. Legislation had been in place that provided for a procedure for the service of
alcohol for events held on City owned property. IMC 3-18. The rule was that
consumption of alcohol in the city streets, alleys or other public places was 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
cons. mption of alcohol in the City parks was specifically prohibited.
Pursuant to ordinance No. 1725 the Kalispell Municipal Code is amended to provide for
a permit process for an event which involves the consumption, possession or sale of beer
and/or vine at 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 and its grounds, Depot Park, Lakers Ball Fields, the
enclosed hockey rink 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. The balance of the amendments augment the permitting process.
RECO NDATION: The Council should consider and pass Ordinance No. 1725 on
second reading 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 Harball, d"ity 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 H. 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 3RD DAY OF JUKE, 2013.
ATTEST:
Theresa white
City Clerk
Tammi Fisher
Mayor
EXHIBIT "A"
( AMENDMENTS MADE AT THE MAY 20 COUNCIL MEETING ARE HIGHLIGHTED)
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 4he. le
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 and its grounds, Depot Park, Lakers Ball Fields, the
enclosed hockey riat woodland Park or, if the applicant is a not -for -profit
organization, a street or right-of-way within the commercial district belong to the City for an
event which involves the consumption, e* possession ^f, Lilt n "t t a "Q' 1a or sale of, beer and/or
wine shall first provide a written application for a special public event permit nteAt.: the even
to the City Manager , describing the date, place, and time for any such event. All such
applications shall be �� �� *���' &A filed with the City Clerk not less than
three (3) 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 aDDrove or disaDDrove the recommendation made by the Citv Manager.
C. ,
' , 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. '
D. , ' , The City_Council may grant a
special public event permit allowing the sale of beer and/or wine, if, considering the
type of function, v� _ �' it finds that:
..a__ _ _ —
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 a such fees and damage de osit as the City Council has
established by.resolution to reimburse the City for its costs of solid waste pick up and removal
and barricadeplacements and compl with all rules set out in the permit regarding the treatment
of solid waste material that ma be used e.g.. no glass bottles; ble
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C. 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 namincr the City of Kalispell
as an additional named insured.
E. Not -for -profit entities may applyqpply for and the City Council may approve a seasonal special
public event permit for public events that recur in the same location in the commercial district
over a period of time not to exceed four (4) months.
r
s F. The City Council may deny a permit on the grounds that approval would
be detrimental to the public safety, health, , order or welfare by reason of the nature of the
event,
or result in the consumption of
alcoholic beverages by minors, ' , 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.
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14:G, 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
onduct or behavior or 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 parrs 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 parr is not supervised
and participants shall skate at their own risk. The rules and regulations of the spate 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 Spate 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.
14929 3-1-2004; Ord. 1663, 6-15-2009; Ord. 1664, 6-15 -2009 )