4. Alcoholic Beverages in Parks and Public BuildingsALISPELL POLICE DEPARTMENT
Box 1997
Kalispell, MT 59903 AD04SON H. CLARK
Phone (406) 752-6400
Chief of Police
18 October 1995
Memorandum
TO Bruce Williams, City Manager
FROM: Ad Clark, Chief of Police �,,!/
SUBJ: Special Beer and Wine permits
Summary of existing city and state codes
DONALD A. HOSSACK
Asst. Chief
City code 3-10.1 (open container) basically states that no
person shall consume intoxicating liquor in any street, alley or
public place within the city although it may be consumed at a place
in accord with a special license for this same place.
State code 16-4-301 (special permits) allows special permits,
usually issued to a group or association, to sell beer and wine.
The beer and wine is to be consumed within the enclosure where in
the event is held.
A written statement of approval from the law enforcement
agency is required when applying for a special permit.
If the law enforcement agency disapproves the request the
group may contact a business that has a catering endorsement to
provide the beer and wine. Businesses with a catering endorsement
must give notice to the police department but do not need approval
of the police department. A fee of $35.00 accompanies the notice.
This catering endorsement, 16-4-111 MT Code, pretty much allows
them to sell and consume beer and wine anywhere except where
prohibited by City code.
City code 19-20 (parks, etc.) makes it unlawful for anyone to
drink, possess or sell intoxicating liquor in or on any park or
public grounds.
Recommendation:
I recommend that it be unlawful to sell or consume
intoxicating liquor on or in any city owned property. This would
reduce the city's liability and keep us consistent with the intent
of existing city codes that prohibit the sale and consumption of
intoxicating liquor in our parks, streets, alleys and public
grounds.
I would also amend the city parks code sec. 19-20 to
specifically include by name "All Fairgrounds located within the
city's jurisdiction" along with the words, parks and public
grounds, when describing where the prohibition is prescribed.
on private property I would only grant special permits for
events that are held indoors and therefore not generally in public
view. The businesses with catering endorsements will be able to
provide service without the permit unless the location is
"Prohibited" by city code.
enc.: city & state codes
§ 19-19.7 Offenses --Miscellaneous § 19-20
(b) No employee is liable to prosecution under sections 19-19.2 to 19-
19.7 for exhibiting or possessing with intent to exhibit any obscene motion pic-
ture, provided the employee is acting within the scope of his regular employ-
ment at a showing open to the public. (Ord. No. 957, § 5.)
Sec. 19-19.7. Same --Penalty.
A person convicted of obscenity or of public display of offensive material,
or of otherwise violating any provision of sections 19-19.2 to 19-19.6 , shall be
punished as provided in sections 1-9 and 1-10 of this Code. (Ord. No. 957,
§ 6.) —
Sec. 9- 20 . Parks, etc. --Indecent conduct, drinkin
etc . , therein .
No threatening, profane, abusive, disorderly, insulting or indecent lan-
guage, 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 inde-
cent or improper act therein.
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 pub-
lic 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.
Any drunk or disorderly person or any person doing an act injurious to
the park or public place in which he then is or who is in the act of violating any
rules or regulations of the board of park commissioners or any ordinances
152.3
Supp. #16, 8-80
§ 3-7 Kalispell City Code § 3-10.1
applicant and the premises where the liquor is to be sold as may be
provided on forms furnished by the city.
Every such license issued shall set forth the name of the
person to whom issued, location of the premises where the business
is to be carried on and if, issued to a partnership, the names of
the persons conducting the business. Such license shall be
nontransferable except and only with the consent of the city
council and shall be posted in a conspicuous place on the premises
where the business is carried on. All licenses shall expire on
June 30th of each year. (R. 0. 1947, §§ 769, 770; Ord. No. 707, §
1; Ord. No. 840, § 2.)
Sec. 3-8. Same --Suspension or revocation.
The council may upon its own motion and upon complaint of any
person investigate the action and operation of any licensee
hereunder and shall have power to temporarily suspend or
permanently revoke a license for violation of the laws of the state
or any ordinance of the city. (R. 0. 1947, § 773.)
Sec. 3-9. Sales, etc., to certain persons prohibited.
No licensee as regulated by this article shall sell, deliver
or give away, or cause to permit to be sold, delivered or given
away any liquor to:
(a) Any person under the age of nineteen years.
(b) Any intoxicated person or persons actually, apparently or
obviously intoxicated.
(c) An habitual drunkard.
(d) An interdicted person as defined by the laws of the
state. (Ord. No. 917, § 3.)
Sec. 3-10..� Repealed by Ordinance No. 829.
Con i- 1 (1 1 nnncimr+-inn i n L+f-reaf- !% 1 7 per nr n»i�l
prohibited.
No person shall consume intoxicating liquor in any street or
alley or public place within the city; provided, that any
intoxicating liquor purchased at any place in the city from a
person selling the same lawfully at such place, in accord with a
special license therefor, may be consumed at such place. Open
possession of intoxicating liquor in a open container shall give
rise to the presumption that such beverage is being consumed by
such person. (Ord. No. 811, § 1; Ord. No. 813, § 1.)
4
endorsement for b.., / wine licensees.
(1) A person who is engaged primarily in the business
of providing meals with table service and who is
licensed to sell beer at retail or beer and wine at
retail for on premises consumption mav, upon the
approval of the liquor division, be granted a
catering endorsement to the license to allow the
catering and sale of beer or beer and wine to
persons attending a special event upon premises not
otherwise licensed for the sale of beer or beer and
wine for on -premises consumption. The beer and
wine must be consumed on the premises where the
event is held.
(2) A written application for a catering endorsement
and an annual fee of two hundred dollars ($200)
must be submitted to the department for it's
approval.
(3) A licensee who holds a catering endorsement may not
cater an event in which the licensee is the
sponsor. The catered event must be within one
hundred (100) miles of the licensee's regular place
of business.
(4) A licensee shall notify the local law enforcement
agency that has jurisdiction over the premises that
the catered event is to be held. A fee of thirty
five dollars ($35) must accompany the notice.
(5) The sale of beer or beer and wine pursuant to a
catering endorsement is subject to the provisions
of 16-6-103.
(6) The sale of beer or beer and wine pursuant to a
catering endorsement is subject to the provisions
of 16-3-306, unless entities named in 16-3-306 give
their written approval for the on -premises sale of
beer or beer and wine on premises where the event
is to be held.
(7) A catering endorsement issued for the purpose of
selling and serving beer or beer and wine at a
special event conducted on the premises of a county
fairground or public sports arena authorizes the
licensee to sell and serve beer or beer and wine in
the grandstand and bleacher area of the premises,
as well as from a booth, stand, or other fixed
place on the premises.
16-4-301. Special permits to sell all alcoholic beverages, beer
and table wine - application and issuance.
(1)
(a) Any association or corporation conducting a picnic,
convention, fair, civic or community enterprise, or
sporting event shall 1n the discretion of the
liquor division be entitled to a special permit to
sell beer and table wine to the patrons of such
event to be consumed within the enclosure wherein
the event is held, except as provided in subsection
(1) (d)
(b) The application of
any such association or
corporation shall be
presented three (3) days in
advance and shall describe the location of such
enclosure where such
event is to be held, the
nature of the event,
and the period when it is
contemplated that the event will be held. The
application shall be
accompanied by the amount of
the permit fee and a written statement of approval
of the premises where
the vent is to be held issued
by the local law enforcement
agency that has
jurisdiction over the
premises where the event is
to be held.
(c) The permit issued to such association or
corporation is a special permit but shall not
authorize the sale of beer and table wine except
starting one (1) day in advance of the regular
period when events are being held upon such grounds
and during the period described in the application
and for one (1) day thereafter.
(d) A special permit issued under this subsection (1)
for the purpose of selling and serving beer at an
event conducted on the premises of a county
fairground or public sports arena authorizes the
permit holder to sell and serve beer in the
grandstand and bleacher area of the premises, as
well as form a booth, stand, or other fixed place
on the premises.
(c) The special permit issued shall be for a twenty-
four (24) hours period only, ending at 2A.M., and
the department may not issue more than twelve (12)
such permits to any such post or lodge during a
calendar year.