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10. Ordinance 1278 - Restaurant Beer and Wine Licenses - 1st ReadingAgenda -December 15, 1997 AGENDA ITEM 10 - ORDINANCE 1278-RESTAURANT BEER AND WINE LICENSES- J c 1 Ik BACKGROUND/CONSIDERATION: I have enclosed the proposed ordinance that was requested at the last meeting. This ordinance will amend the state code requirement that restricts any "liquor" license holder to operate within 600 feet of a church, synagogue, or school. The change has been requested for those restaurants that may receive the new beer and wine licenses. The ordinance eliminates any distance separation for places operating under their license. The City of Whitefish had a thorough discussion about this type of change. However, their circumstances, locations -of churches from several establishments serving beer/wine,. seem to be - different than ours. There would be two churches potentially affected with this change with the central business district. RECOMMENDATION: Based upon the limited exposure, current operations in the central business district, and the state restricted number of establishments eligible to receive this type of license, I recommend approval of the ordinance as proposed. ACTION REQUIRED: The ordinance will need two readings and a 30-day period after the 2' reading to be in effect. AN ORDINANCE SUPPLANTING THE STATE LAW DISTANCE RESTRICTION WITH RESPECT TO RESTAURANT BEER AND WINE LICENSES (RBW), AND ALLOWING SUCH LICENSEES TO OPERATE WITHIN 600 FEET OF A CHURCH, SYNAGOGUE, OR SCHOOL WITHIN THE ZONING DISTRICT WHEREIN RESTAURANTS ARE A PERMITTED USE, AND TO PROVIDE AN EFFECTIVE DATE. WHEREAS, Section 16-3-306(1), MCA, provides that no retail liquor license may be issued to any business or enterprise whose premises are within 600 feet of and on the same street as a church, synagogue, other place of worship, or a school, and WHEREAS, Section 16-3-309, MCA, provides that an incorporated city may enact an Ordinance defining certain areas in its incorporated limits where alcohpli.c beverages may or may not be sold, and may supplant the provisions of Section 16-03-306(1), MCA, with respect to distance from a church, synagogue, other place of worship, or school, and WHEREAS, the State Legislature recently enacted Sections 16-4- 420 through 16-4-423, MCA, which created a new category of restaurant beer and wine licenses (RBW), which allow restaurants to sell beer and wine in compliance with those sections, WHEREAS, the City Council of the City of Kalispell has determined that it would be in the best interests of the City, and the inhabitants thereof, to eliminate the 600 foot distance restriction from churches, synagogues, other places of worship, and schools, with respect to REW's operating under Sections 16-4-420 through 16-4-423. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTION 1. With respect to restaurant beer and wine (RBW) licenses, as authorized by Sections 16-4-420 through 16-4-423, MCA, only, the City of Kalispell supplants the provisions of subsection (1) of Section 16- 3-306, MCA, by eliminating entirely any distance requirement between a restaurant beer and wine (RBW) licensee and a church, synagogue, other place of worship or a school, so long as such licensee is located within General Business, B-2; Community Business, B-3; Central Business, B-4; or Industrial Commercial,, B-5 zone. j:wp\ord\rbw.wpd -1- SECTION III. This Ordinance shall become effective thirty (30) days from and after the date of its final passage by the City Council, and approval by the Mayor. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL THIS DAY OF , 1997. Douglas D. Rauthe, Mayor ATTEST: Debbie Gifford, CMC Clerk of Council j:wp\ord\rbw.wpd -2-