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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.