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