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07. Ordinance 1241 - Prohibit Alcoholic Beverages on City Property - 1st ReadingORDINANCE NO. 1241 AN ORDINANCE PROHIBITING THE SALE, CONSUMPTION OR POSSESSION OF ALCOHOLIC BEVERAGES IN OR UPON ANY BUILDINGS OR OTHER PROPERTY OWNED OR OCCUPIED BY THE CITY AND UPON ANY STREET OR SIDEWALK, EXCEPT AS PERMITTED BY THE CITY COUNCIL. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA, AS FOLLOWS: SECTION I. 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. B) Applications for permits to sell, serve, dispense, possess or consume beer or wine, only, in or upon City property must be filed with the City Clerk of Council not later than thirty (30) days prior to the event. 1) If application does not involve the sale, consumption, or possession of alcoholic beverages, only a reservation issued by the Parks Department is required under Resolution No. 3712. 2) Persons wishing to use City property for a function which involves the sale, consumption, or possession of beer and wine must also obtain a catering endorsement or special permit from the Department of Revenue. C) The City Council may grant a permit if, considering the type of function, serving beer and wine, only, the Council 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 exceed limitations in the City fire regulations, or other significant inconvenience to the residents of the surrounding neighborhoods; 3) Underage persons under the influence of ORDINANCE NO. 1241 AN ORDINANCE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA, AS FOLLOWS: SECTION I. 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. B) Applications for permits to sell, serve, dispense, possess or consume beer or wine, only, in or upon City property must be filed with the City Clerk of Council not later than thirty (30) days prior to the event. C) 1) If application does not involve the sale, consumption, or possession of alcoholic beverages, only a reservation issued by the Parks Department is required under Resolution No. 3712. 2) Persons wishing to use City property for a function which involves the sale, consumption, or possession of beer and wine must also obtain a catering endorsement or special permit from the Department of Revenue. The City Council may grant a permit if, considering the type of function, serving beer and wine, only, the Council 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 exceed limitations in the City fire regulations, or other significant inconvenience to the residents of the surrounding neighborhoods; 3) Underage persons under the influence of alcohol 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 eleven A.M. and eleven P.M. 5) The applicant agrees to be personally responsible for cleaning, trash disposal or repairs necessary as a result of the event for which the permit was issued; 6) The applicant agrees to provide security for the permitted function commiserate 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. D) The Council may require the applicant to obtain liquor/host liquor and general liability insurance and to name the City as an additional insured on any policies. E) 1) The Council may deny a permit on the grounds that approval would be detrimental to the public safety, health, morals order or welfare by reason of the nature of the event, the likelihood that the event would create a public nuisance or result in the consumption of alcoholic beverages by minors, its location within the community, 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 unreasonable interfere with normal activities and customary and general use and enjoyment of the facility. SECTION II. That Ordinance 811 S 1 and Ordinance 813, S 1 (S 3-10.1, Kalispell City Code) is hereby repealed. SECTION III. This Ordinance shall take effect from and after 30 days of its final passage by the City Council. PASSED AND APPROVED BY THE CITY COUNCIL AND MAYOR OF THE CITY OF KALISPELL, THIS DAY OF JUNE, 1996. DOUGLAS D. RAUTHE - MAYOR Attest: Clerk of Council 0 (11� 01011 Incorporated 1892 Telephone (406) 758-7700 FAX (406) 758-7758 Post Office Box 1997 Kalispell, Montana Zip 59903-1997 To: Mayor & City Council From: Al Thelen, Interim City Manager Date: May 28, 1996 Re.: Airport Association Request to Hold the 1996 Brewfest on the Soccer Field at the City Airport The request is to hold the Brewfest on July 14 at 1:30 p.m. to 5:00 p.m. - very similar to last year's event. (See copy of request attached.) We have a city ordinance prohibiting the sale or possession of intoxicating beverages on City property. I would recommend that this be changed to allow the sale and consumption of beer on City property with a valid City permit issued by the City Council. Compliance with the state regulation relating to a beer license would be a prerequisite to obtaining a City permit. The permit application would provide a recommendation from the Parks and Recreation Director and Chief of Police. They could include appropriate recommendations regarding security and clean-up, and the Council would make a decision based on the recommendations and other criteria that they deem appropriate. Douglas Rauthe Mayor At Thelen Interim City Manager City Council Members: Gary W. Nystul Ward I Cliff Collins Ward I Norbert F. Donahue Ward II Dale Haarr Ward II Jim Atkinson Ward III Lauren Granmo Ward III Pamela B. Kennedy Ward IV M. Duane Larson Ward IV Mayor and City Council Page 2 May 28, 1996 Apparently, this issue comes up 3 or 4 times a year and a permit issued by the Council would not be a burden. It seems to me that the sale and consumption of beer is appropriate for special events and it can be handled to minimize negative impacts. In the past, some events have been authorized despite our current regulations and to that extent, organizations have not been given the same opportunity. If you concur, the staff can develop an amended ordinance and application format to accommodate this request; -however, the ordinance will have to be processed as an emergency ordinance to meet this deadline. On the other hand, if you feel that our current regulations are appropriate, staff will deny this request based on the current ordinance. p.c.: Mike Baker Ad Clark Kalispell City Airport Association E 655 fang Creek Road Marion, MT 59925 (406) 858-2200 April 30, 1996 Mr. Al Thelen, Acting City Manager City of Kalispell P. O. Box 1997 Kalispell, MT 59903-1997 Dear Al, I am writing in behalf of the Kalispell City Airport Association (KCAA) regarding the 1996 Kalispell Brewfest the Association plans to hold on Sunday, July 14 from 1:30 PM. to 5:00 PM. Last year's event was the first and was a great success in many ways. The Brewfest, which was held on the soccer field located on the west side of Kalispell City Airport, came off without a hitch... if you don't count the downpour we all scurried under cover from. There were 17 breweries represented plus one cider company and a variety of soft drinks were provided by local distributors. Um -pa -pa music was played by the lively, Bavarian Echos. A pig roast provided all -you -can -eat pork and all the trimmings. It was a first class event in every way, complete with a spotless clean-up which was accomplished within one hour after the event closed by the volunteer staff. The KCAA sponsored the Brewfest as a charitable event to help the City airport and the Sports Association. After all bills were paid last year there was less than $600.00 in the account which was left there for start-up money for this year's event. We are expecting attendance to double this year to around 800. Revenues from this year should be sufficient to allow a sizable donation. The soccer field location provided not only the perfect area for the brewfest but ample parking and safe access for pedestrians and auto traffic as well. We would like to hold this year's event in the same location. One of our committee members has checked with the soccer association and the date is clear to use the field. We have had nothing but positive feedback from everyone who attended or was associated with last years event. Microbrew Festivals tend to draw an orderly crowd of beer lovers who are there to appreciate the fine examples of been,-� styles being offered as opposed to a beer bash. As the owner of Lang Creek Brewery, I attld a great number of Microbrew festivals throughout the year and I have never encountered any problems from the public other than very minor incidents. KCAA will provide all special permits, licensing and insurance plus security as deemed necessary by the city. I will anxiously await your reply as to using the site again this year. I would be happy to meet with you or attend a city council meeting to explain the event to the council members if you would like. Sincerely, 4ohnF. Campbell, President KCAA cc: Gib Bissel