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F1. Ordinance 1757 - Amends Special Event Permit for Parksrrr.V'{rrf City of Kalispell 7 ~ i Post Office Box 1997 - Kalispell, Montana 59903 ■ J Telephone: (406) 758-7701 Fax: (406) 758-7758 __ ._. „ MONTANA MEMORANDUM To: Mayor Johnson and City Cou cil From: Doug Russell, City ManagerT� Re: Ordinance 1757, modifying application parameters and locations for the sale and consumption of alcohol on public locations. Meeting Date: May 4, 2015 BACKGROUND: Earlier this year, the Kalispell Convention and Visitor bureau held the Kalispell Pond Hockey Invitational at Woodland Park. The Woodland Park site was used when weather conditions at Foy's Lake impeded the ability to hold the event at the originally planned site. The location inside the City of Kalispell demonstrated some advantages as a host site for the event and brings forth the potential for hosting the Pond Hockey tournament in future years at Woodland Park. At a previous work session, representatives from the Chamber of Commerce and Tourism Business Improvement District reviewed the event this past year and explored possible options for next year's event, including ideas for changes within the existing ordinance to expand the service and consumption of alcohol at designated locations at Woodland Park. During Council discussion, direction was provided to develop language that would allow for expanded usage within some of the specific safety parameters initially implemented. Additionally, Council provided direction to change the material submission period from 3 weeks to a period that would allow the item to be placed on a regular council agenda. Attached to this memo is a proposed ordinance with changes to the wording that attempts to meet the provided direction. FINANCIAL IMPACT: Changes within the ordinance will have no direct financial impact. ALTERNATIVES: Council may elect to change the proposed wording should it find language that better meets its intent. RECOMMENDATION: It is recommended that Council move to adopt Ordinance No. 1757, an ordinance modifying the locations for the sale and consumption of alcohol within Woodland Park and additionally modifying the application parameters for the special public event permit authorizing the sale and consumption of alcohol on selected public property. ORDINANCE NO.1757 AN ORDINANCE AMENDING CHAPTER 3 OF THE KALISPELL MUNICIPAL CODES AND CODIFIED AT KMC 3-18, CONSUMPTION IN STREET, ALLEY, OR PUBLIC PLACE PROHIBITED; EXCEPTIONS, DECLARING AN EFFECTIVE DATE AND AUTHORIZING THE CITY ATTORNEY TO CODIFY THE SAME. WHEREAS, pursuant to Kalispell Municipal Code 3-18 the City of Kalispell prohibits the sale and/or consumption of any alcoholic beverage in or upon any building or other property owned or occupied by the City or upon any street or sidewalk unless such action is within the permitted uses authorized through a special public event permit issued by the City; and WHEREAS, currently KMC 3-18 describes certain property owned by the City upon which special public event permits may be issued regarding the sale and consumption of beer and/or wine but the definition of the terms of such use outdoors may be made more specific upon the application providing more certainty to the applicant and to the City ; and WHEREAS, the Kalispell City Council therefore finds that it is in the best interest of the City and the participants in special events that its ordinance require that more certainty be provided within the special public event permit application regarding the outdoor service and consumption of alcohol. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTION 1. The City of Kalispell Municipal Code is hereby amended as set forth in Exhibit "A", attached hereto and incorporated fully herein by this reference. SECTION 2. The City Attorney is hereby authorized and directed to recodify this Ordinance. SECTION 3. This Ordinance shall take effect thirty (30) days after its final passage. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL THIS 18TH DAY OF MAY, 2015. Mark Johnson Mayor ATTEST: Aimee Brunckhorst, CMC City Clerk EXHIBIT "A" 3-18 Consumption in Street, Alley, or Public Place Prohibited; Exceptions. B. Persons wishing to use the following City owned property: 1. Hockaday Center for the Arts and its grounds, 2. the Conrad Mansion and its grounds, 3. the Kalispell Chamber of Commerce building, 4. the Central School Museum and its grounds, 5. Depot Park, 6. Lakers Ball Fields, 7. the enelesed hockey rink and surrounding_ grounds between the dates of December 21 st and March 21 st, at Woodland Park, or, if the applicant is a not -for -profit organization, 8. a street or right-of-way within the commercial district belonging to the City for an event which involves the consumption, possession or sale of, beer and/or wine shall first provide a written application for a special public event permit to the City Manager describing the date, place, and time for any such event. An application for any such event in which beer and/or wine is distributed or consumed outdoors shall include a detailed map specifically showing the proposed location of a fenced area in which all such distribution and consumption shall occur and be monitored. All such applications shall be filed with the City Clerk in time to be scheduled on the next regulary council agenda . The City Manager shall, iH *'-^* *-,,.ov (3) we within such period, make a recommendation on the application and place all applications before the City Council as an action item to approve or disapprove the recommendation made by the City Manager.