04-27-15 Casino work session agenda and materials CITY OF KALISPELL
CITY COUNCIL WORK SESSION AGENDA
MONDAY, APRIL 27, 2015 - 7:00 P.M.
CITY HALL COUNCIL CHAMBERS
201 FIRST AVENUE EAST
CALL TO ORDER
DISCUSSION ITEMS
1. Casinos in the Land Use Regulations for the City
PUBLIC COMMENT
MAYOR/COUNCIL/CITY MANAGER REPORTS
ADJOURNMENT
FOR YOUR INFORMATION
Next Regular Meeting – May 4, 2015, at 7:00 p.m. – Council Chambers
Next Work Session – May 11, 2015, at 7:00 p.m. – Council Chambers
Reasonable accommodations will be made to enable individuals with disabilities to attend this
meeting. Please notify the City Clerk at 758-7756.
Helena
Chapter 40
ESTABLISHMENT OF AREAS THAT ALLOW THE SALE OF ALCOHOLIC
BEVERAGES AND CASINOS WITHIN CITY LIMITS
11-40-1: INTENT:
This chapter is intended to:
A. Identify safe and appropriate locations for establishments selling alcoholic beverages for on
premises consumption near public school property;
B. Identify safe and appropriate locations for casinos; and
C. Protect and enhance safety of public school students and property near such establishments.
(Ord. 2868, 2-22-1999)
11-40-2: DEFINITIONS:
For purposes of this chapter, the following definitions apply:
CASINO: An establishment licensed for on premises consumption of alcoholic beverages which:
A. Is licensed for and has six (6) or more video gaming machines or gambling devices; or
B. Is licensed for and used to conduct any of the following types of gambling: calcutta pools, live
card games, live card game tournaments, and live keno.
EXISTING CASINO: Licensed premises that previously had a gambling operator's license and
operated as a casino or which had a pending application before the Montana department of
justice prior to April 1, 1999, for a gambling operator's license for a casino use.
EXISTING LICENSED PREMISES: Licensed premises that were licensed, or which had a
pending application before the Montana department of revenue, for the retail sale of alcoholic
beverages for on premises consumption prior to the enactment of this chapter and which have
continuously operated under said licenses.
LICENSED PREMISES: Establishments licensed by the state of Montana for the retail sale of
any alcoholic beverage for on premises consumption. This does not include premises upon which
any alcoholic beverage is catered and sold for on premises consumption to persons attending a
special event.
SCHOOL PROPERTY: Property owned, leased or exclusively possessed by a public school
district that is used for educational purposes or school sanctioned activities for primary and
secondary education students. This includes school buildings and adjacent land, playgrounds,
athletic fields, stadiums, and other places used by primary and secondary education students for
educational purposes or school sponsored events. It does not include property owned by
commercially operated or postsecondary schools or school district property that is not regularly
occupied or used by students for school activities. (Ord. 2799, 7-14-1997; amd. Ord. 2868, 2-22-
1999)
11-40-3: LOCATIONS OF LICENSED PREMISES AND CASINOS:
A. Pursuant to the authority granted under section 16-3-309, Montana Code Annotated, the
following are areas where alcoholic beverages may not be sold at retail for on premises
consumption:
1. In any zoning district that does not allow licensed premises as either a permitted or conditional
use under this title;
2. An area restricted by section 16-3-306, Montana Code Annotated, as amended; and
3. An area located within six hundred feet (600') straight line distance from the closest exterior
edge of a licensed premises to the closest boundary of school property, except as permitted by
this chapter. (Ord. 2868, 2-22-1999)
B. Pursuant to the authority granted under sections 16-3-309 and 23-5-171, Montana Code
Annotated, casinos are only allowed by conditional use permit in those districts shown in
section 11-2-3, table 1 of this title and are subject to subsection A of this section. A casino
may not be located within three hundred feet (300') of any R-1, R-2, R-3, R-4 or R-O zoning
district measured in a straight line distance from the closest exterior edge of the licensed
premises to the closest boundary of the applicable residential zoning district. (Ord. 3104, 11-
3-2008)
11-40-4: EXEMPTIONS:
A. The location prohibition defined in subsection 11-40-3A3 of this chapter does not apply to:
1. An existing licensed premises. Exempted existing licensed premises are not subject to the
provisions of chapter 6 of this title as nonconforming uses.
2. A licensed premises that is in a location allowed by this chapter, but which subsequently
becomes prohibited solely because of the acquisition, creation or expansion of school property.
B. The location prohibition defined in subsection 11-40-3B of this chapter does not apply to an
existing casino. Exempted existing casinos are not subject to the provisions of chapter 6 of
this title as nonconforming uses. If the structure housing an existing casino becomes
damaged or destroyed by any cause, the structure may be replaced or reconstructed. An
existing gambling operation may change the type and quantity of gambling activity without
the requirement of a conditional use permit for that change. (Ord. 3097, 4-7-2008)
11-40-5: CONDITIONAL USE:
Licensed premises that are not permitted in a location because of subsection 11-40-3A3 of this
chapter may be permitted as a conditional use in accordance with the provisions of chapter 3 of
this title, provided the use is otherwise permitted by this zoning ordinance. (Ord. 3149, 12-19-
2011)
Whitefish
11-3-7: CASINOS:
A. The city council may amend the zoning jurisdiction regulations and create within the WB-2
district a specific geographic area defined as casino overlay zone.
B. A new casino may only be located within a WB-2 district in a location specifically designated
casino overlay zone on the official zoning jurisdiction map.
C. Those casinos that exist outside of a designated casino overlay zone shall be considered
nonconforming and shall be regulated according to section 11-7-11 of this title. The addition
of any gambling machines or gambling devices or increase in number of gambling machines
or gambling devices shall be considered an expansion of use under subsection 11-7-11D of
this title. (Ord. 00-06, 4-3-2000; amd. Ord. 05-25, 11-21-2005)
D. A nonprofit entity which holds appropriate state alcoholic beverage and gambling licenses
and which is a legal nonconforming use not located within the casino overlay, as described in
this section, may operate up to four (4) gambling machines subject to the following
restrictions:
1. No signs or advertising of any type can be used to publicize the existence of gambling machines,
gambling opportunities, or a casino; and
2. Use of gambling machines must be primarily by members of the nonprofit entity. (Ord. 06-06, 4-
3-2006)
CASINO: Any establishment licensed by the Montana department of justice for one or more
video gambling machines or gambling devices, or is licensed for and conducts the following
types of gambling: Calcutta pools, live card games, live card tournaments and live keno.
Bozeman
• Sec. 38.18.010. - Intent.
The intent of the casino overlay district is to provide suitable locations for casinos, as defined in
this chapter, based on review for impacts to neighboring uses and to minimize adverse effects on
the community in the best interests of the public health, safety and general welfare.
(Ord. No. 1645, § 18.32.010, 8-15-2005)
• Sec. 38.18.020. - Application for zoning designation.
Any person wishing to establish a casino must make application as per article 37 of this chapter,
Zoning Map Amendments, for a casino overlay district.
(Ord. No. 1645, § 18.32.020, 8-15-2005)
• Sec. 38.18.030. - Authorized uses.
A. Authorized uses in the casino overlay district are as follows:
1. Principal uses.
a. All principal uses permitted in the M-1 district if the underlying zoning is M-1.
b. All principal uses permitted in the M-2 district if the underlying zoning is M-2.
2. Conditional uses.
a. Casinos.
b. All conditional uses permitted in the M-1 district if the underlying zoning is M-1.
c. All conditional uses permitted in the M-2 district if the underlying zoning is M-2.
3. Accessory uses.
a. All accessory uses permitted in the M-1 district if the underlying zoning is M-1.
b. All accessory uses permitted in the M-2 district if the underlying zoning is M-2.
(Ord. No. 1645, § 18.32.030, 8-15-2005)
• Sec. 38.18.040. - Restrictions.
A. Casino overlay districts shall be permissible zoning only in areas zoned M-1 light
manufacturing district, or M-2 manufacturing and industrial district.
B. Casino overlay districts shall not be located within an entryway corridor overlay
district except for the Interstate 90 entryway overlay corridor. Casino overlay districts
shall not be located in areas where the Interstate 90 entryway corridor overlaps other
entryway corridor overlay districts.
C. Casino overlay district lots shall not be located within 600 feet, in any direction, of lots
used for schools, churches, residences, public parks or other casinos.
D. Sale for on-premises consumption of beer, wine and liquor is permissible only for
casino and restaurant establishments.
E. Casinos granted approval for sales for on-premises consumption of alcohol may not
also sell automotive fuels.
(Ord. No. 1645, § 18.32.040, 8-15-2005)
• Sec. 38.18.050. - Lot area and width.
There shall be no minimum lot area, however no lot width shall be less than 100 feet and
the lot area shall be sufficient to provide all required yard areas and off-street parking.
(Ord. No. 1645, § 18.32.050, 8-15-2005)
• Sec. 38.18.060. - Lot coverage.
The entire lot, exclusive of required yards, landscaping and parking may be occupied by the
principal and accessory buildings.
(Ord. No. 1645, § 18.32.060, 8-15-2005)
• Sec. 38.18.070. - Yards.
A. Every lot within a casino overlay district shall have the following minimum yards:
1. Front yard: 25 feet.
2. Rear yard: ten feet.
3. Side yards: eight feet each side.
Note—(All yards shall be subject to the provisions of sections 38.16.060, 38.22.100 and
38.23.100, when applicable.)
(Ord. No. 1645, § 18.32.070, 8-15-2005)
• Sec. 38.18.080. - Building height.
A. Maximum building height in a casino overlay district shall be:
1. Roof pitches of less than 3:12: 32 feet.
2. Roof pitches of 3:12 or greater: 38 feet.
(Ord. No. 1645, § 18.32.080, 8-15-2005)
• Sec. 38.42.500. - Casino.
A. An establishment whose primary use or activity is gambling, either in the form of
gambling machines (video poker, keno, etc.), card games or other licensed gambling
activity. A casino will normally have beverage and restaurant facilities as accessory uses.
In all instances, an establishment will be considered a casino for the purpose of these
regulations if any of the following characteristics apply:
1. The establishment is referenced as a casino by signage, advertisement or by name;
2. More than one card table is on the premises; and/or
3. 15 or more gambling machines are on the premises.
B. An applicant for a casino establishment must obtain a state license to sell alcoholic
beverages for consumption on the premises.
(Ord. No. 1645, § 18.80.470, 8-15-2005; Ord. No. 1693, § 29(18.80.470), 2-20-2007; Ord. No.
1761, exh. R(18.80.470), 7-6-2009)
• “Casino” means an establishment whose primary use or activity is gambling, either in the
form of gambling machines, card games, or other licensed gambling activity. In all
instances, an establishment will be considered a casino for the purpose of this article if
any of the following characteristics apply:
a. The establishment is referenced as a casino by signage or by name;
b. More than one card table is on the premises;
c. 15 or more gambling machines are on the premises.
!
!
!
!
!!
!
!
!
!
!!
!
!
!
!
!
!
!!
!
!
!
!
!
!!
!!
!
HIGHWAY 2 E
WEST VALLEY DR
HIG
HWAY 93 N
WHITEFISH STAGE
HI
G
H
W
A
Y 9
3 S
CHURCH DR
FOYS LAKE RD
H I G H W A Y 2 W
THREE MILE DR
ROSE XING
STILLWATER RD
W RESERVE DR
3
R
D
A
V
E
E
C O N R A D D R
93 A
LT
E
R
N
A
T
E
WILLOW GLEN DR
TWO MILE D R
FOUR MILE DR
W SPRINGCREEK RD
AIRPORT RD
WHALEBONE DR
OLD RESERVE DR
TRUMBLE CREEK RD
FOYS CANYON RD
R
I
V
E
R
R
D
5
T
H
A
V
E
W
DEMERSVILLE RD
7
T
H
A
V
E
W
6 T H S T W
N MERIDIAN RD
LOWER VALLEY RD
5 T H S T W4TH S T W
ROCKY CLIFF DR
2 N D S T W
CLARK DR
W EVERGREEN DR
W
O
O
D
L
A
N
D A
V
E
V
A
L
L
E
Y
V
I
E
W
D
R
2 N D S T E
E O R E G O N S T
TRONSTAD RD
HIG H W A Y 3 5
8 T H S T E
AUCTION RD
W I D A H O S T
CEMETERY RD
E I D A H O S T
6 T H S T E
7 T H S T W
KELLY RD
LONE PINE RD
5 T H S T EW C E N T E R S T
4 T H S T E
FARM TO M ARKET RD
S
M
A
I
N
S
T
SUNSET BLVD
S
I
L
V
E
R
B
R
O
O
K
D
R
N
M
A
I
N
S
T
5
T
H
A
V
E
W
N
DERNS RD
SMITH LAKE RD
S WOODLAND DR
E RESERVE DR
S FOYS LAKE DR
FLATHEAD DR
RESERVE PL
8 T H S T W
SU NNY S IDE DR
W M O N T A N A S T
E EVERGREEN DR
E CO TTONWOOD DR
N F O Y S L A K E D R
S MERIDIAN RD
E C E N T E R S T
APPLEWAY D R
H
U
T
T
O
N
R
A
N
C
H
R
D
T W I N A C R E S D R
GRANDVIEW DR
W WYOMING ST
MERIDIAN RD
7TH AVE WN
AIRPORT RD
W SPRINGCREEK RD
N
M
A
I
N
S
T
STILLWATER RD
Legend
City of Kalispell Zoning
B-1; B-1/PUD - (Neighborhood Business)
B-2; B-2/PUD; B-4; PUD/COM - (General or Central Business)
B-5; B-5/PUD - (Industrial-Business)
I-1; I-2 - (Light or Heavy Industrial)
H-1; H-1/PUD; PUD/MED - (Health Care)
P-1; P-1/PUD - (Public)
R-5; R-5/PUD; R A-2 - (Residential/Professional Office, Residential Apartment/Office))
RA-1; RA-1/PUD; PUD/MF R - (Residential Apartment or Multifamily)
R-4; R-4/PUD - (Residential)
R-1; R-2; R-2/PUD; R-3; R-3/PUD; PUD/SFR - (Residential)
UNZONED ROADWAY
!Existing Casino
!Proposed C asino
City of Kalispell Casino s
Date : 4/13/2015