01-23-17 Work Session Agenda and MaterialsCITY COUNCIL
WORK SESSION AGENDA
Monday, January 23, 2017 at 7:00 p.m.
City Hall Council Chambers, 201 First Avenue East
A. CALL TO ORDER
B. DISCUSSION ITEMS
1. Possible Amendments to the Permit Process and application for Parades, and
Special Events, with or without Alcohol
C. PUBLIC COMMENT
Persons wishing to address the council are asked to do so at this time. Those addressing
the council are requested to give their name and address for the record. Please limit
comments to three minutes.
D. CITY MANAGER, COUNCIL, AND MAYOR REPORTS
E. ADJOURNMENT
UPCOMING SCHEDULE / FOR YOUR INFORMATION
Growth Policy Sub -Committee Meeting — January 24, 2017, at 6:00 p.m. — Conference Room
Next Regular Meeting — February 6, 2017, at 7:00 p.m. — Council Chambers
Coffee with the Chief — February 8, 2017, at 5:30 p.m. — Sykes Diner, 202 2nd Avenue West
Next Work Session — February 13, 2017, 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.
Watch regular City Council sessions live on Charter Cable Channel 190 or online at the Meetings on
Demand tab at www.kalispell.com.
Page 1 of 1
REPORT TO:
FROM:
SUBJECT:
Doug Russell, City Manager
City Clerk's Office
(406) 758-7756 cityclerk@kalispell.com
P.O. Box 1997, 201 First Avenue East
Kalispell, Montana, 59903
www.kalispell.com
am
Aimee Brunckhorst, CMC, City Clerk & Communications Manager
Possible amendments to the permit process and application for Parades, and
Special Events, with or without Alcohol
MEETING DATE: January 23, 2017 Work Session
BACKGROUND: In 2013, the City Council adopted code amendments to Kalispell
Municipal Code 3-18, regulating the service and consumption of beer and wine on city owned
property. These amendments provided a permit process for events at specifically listed city owned
locations and for not -for -profit organizations wanting to hold events in a public street or right-of-
way within the commercial district. Other amendments further augmented the permit process. At
the time of these discussions, it was acknowledged that the permit process would likely need
adjustments over time.
In May, 2015, the City Council amended the municipal code related to alcohol consumption on
public places modifying the locations for the sale and consumption of alcohol at Woodland Park
and modifying the time frame for application materials to be submitted to the city for review.
Questions have arisen whether all for profit events in the street or right-of-way should be
automatically excluded from applying to serve alcohol. The City Council held a work session
August 8, 2016, where staff recommended separating the alcohol addendum from the
parade/special event permit, allowing for profit applicants to apply for alcohol permits, and
cleaning up the language throughout section 3-18 of the code and the applications for the permit.
At the work session, the City Council agreed that the alcohol addendum should be separated from
the permit. Council members however are still debating whether the alcohol addendums should
only be made available for not -for -profits or can be opened up for application by for profits, and
whether or not the alcohol addendum should be administratively approved or Council approved.
In November, 2016, another issue was brought forward regarding the December 21't to March
21st date restrictions related to the hockey rink and surrounding area at Woodland Park that is
listed under code 3-18 2. B. 7. The Hockey Association requested an alcohol addendum for their
annual Craft Brewers Festival and Hockey Tournament with a date outside of the allowed date
range. The Hockey Association was denied the permit. They have since notified the city they
would like Council to reconsider the date range to accommodate moving the tournament
permanently to the first weekend in December. If Council would like to make this change, a
simple date revision could be made to code 3-18 2. B. 7. with any of the following options.
All of the following options for City Council consideration assume that the City Council has
already agreed that the alcohol addendum should be separated from the parade/special event
permit and be considered an alcohol permit.
OR
OR
1) Separate the alcohol addendum from the parade/special event permit adjusting the
applications accordingly, but make no other changes in the code or the permit
process.
This would continue the practice of only allowing not -for -profits to apply for alcohol
addendums within the street or right-of-way. As the code is currently written, the
Hockaday, Conrad Mansion, Kalispell Chamber, and Central School Museum would need
to begin applying for alcohol addendums every time they served alcohol at an event in
order to come into compliance with the code.
OR
2) Separate the alcohol addendum from the parade/special event permit making it an
alcohol permit and change the approval process to administrative.
3) Separate the alcohol addendum from the parade/special event permit making it an
alcohol permit, and allow for profit applicants to apply for alcohol permits, and
continue the practice of City Council approval.
This option would allow for profit organizations to apply for an alcohol permit for an
event within the street or public right-of-way. The applicant would then be obligated to
provide testimony that the event would benefit the community. Additional questions are
proposed for the permit application, and the applicant would be expected to attend the City
Council meeting when the application was considered.
4) Separate the alcohol addendum from the parade/special event permit making it an
alcohol permit, and allow for profit applicants to apply for alcohol permits and
change the approval process to administrative.
AND
In addition to deciding between the above options the Council may want to consider whether
locations such as the Hockaday Center, the Conrad Mansion, The Kalispell Chamber of
Commerce, and Central School Museum should be exempted from applying for an alcohol
permit. These buildings are city property so are included in the list of locations able to apply for
an alcohol permit, but they are not managed by the city.
RECOMMENDATION: City staff recommends that the City Council discuss these proposed
options and direct staff as to which option(s) staff should bring forward as an Ordinance
amending Section 3-18 of the Kalispell Municipal Code.
ATTACHMENTS:
Revised Municipal Code Section 3-18 with red strike -outs showing proposed options.
OPTION 1)
SEPARATE THE ALCOHOL ADDENDUM FROM THE PARADE/SPECIAL EVENT PERMIT
ADJUSTING THE APPLICATIONS ACCORDINGLY, BUT MAKE NO OTHER CHANGES IN THE CODE
OR THE PERMIT PROCESS.
3-18 Consumption in Street, Alley, or Public Place Prohibited; Exceptions.
1. 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 unless such action is within the
permitted uses authorized through an alcohol permit issued by the City Council,
in conjunction with a parade/special event permit issued by the City. Notwithstanding the foregoing,
this chapter shall not be construed to prohibit the legal sale, service, consumption or possession of
alcoholic beverages on the grounds of the Buffalo Hill Golf Club.
2. 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;
The 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 tie
asubmit a wfitten ap heatieti feF a city alcohol permit application in
conjunction with a city parade/special event permit application to the City Manager Attorney's
Office. Parade/special events that do not
include the distribution or consumption of alcohol will be approved or disapproved
administrative) through hrough a parade/special event permit application, and shall be submitted with
enough time prior to the event for multiple departments to review the application. An alcohol
permit 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
alcohol permit applications shall be filed with the City Clerk in time to be scheduled on the
next regular city council agenda. The City Manager shall, within such period, make a
recommendation on the alcohol permit application and place all applications before the City
Council as an action item to approve or disapprove the recommendation made by the City
Manager.
3. C. The applicant for an alcohol permit shall comply with all statutes and
regulations of the Montana Department of Revenue governing sales of beer and/or wine, and shall
ensure that a trained volunteer or employee in one of the preapproved Montana Department of
Revenue training courses is present at the point of sale and service.
4. D. The City Council may grant an alcohol permit allowing the sale of beer
and/or wine, if, considering the type of function, it 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 exceeding limitations in the City fire regulations, or other significant inconvenience to
the residents of the surrounding neighborhoods;
3. Underage persons will not obtain alcoholic beverages served at the function, and the
precautions proposed, such as fencing barriers to create separation, use of ID bracelets, and
manned security, are likely to adequately 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
11:00 a.m. and 11:00 p.m.;
5. The applicant agrees to pay such fees and damage deposit as the City Council has
established by resolution to reimburse the City for its costs of solid waste pick up and removal
and barricade placements and comply with all rules set out in the permit regarding the
treatment of solid waste, material that may be used, e.g., no glass bottles;
6. The applicant agrees to provide security for the permitted function commensurate 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 as well as provide liability insurance coverage in
the amount of seven hundred fifty thousand dollars ($750,000.00) per occurrence and one
million five hundred thousand dollars ($1,500,000.00) aggregate naming the City of Kalispell
as an additional named insured.
5. E. Not -for -profit entities may apply for and the City Council may approve a seasonal speeial
publie evew Alcohol permit for public events that recur in the same location in the commercial
district over a period of time not to exceed four (4) months.
6. F. The City Council may deny a permit on the grounds that approval would be detrimental to
the public safety, health, order or welfare by reason of the nature of the event, or result in the
consumption of alcoholic beverages by minors, or the failure of the applicant to conduct a past event
in compliance with applicable laws and regulations. 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
unreasonably interfere with normal activities and customary and general use and enjoyment of the
facility.
7. G. The City supplants the provisions of subsection (1) Section 16-3-306, of Montana Code
Annotated as follows:
1. With respect to restaurant beer and wine (RBW) licenses as authorized by Montana Code
Annotated Sections 16-4-420 through 16-4-423 only, the City supplants the provisions of
subsection (1) Section 16-3-306, of Montana Code Annotated, by eliminating entirely the
distance requirement between licensed establishments and a church, synagogue or other place
of worship, so long as such licensee is located within the General Business B-2 and the
Industrial -Commercial B-5 City land use zones.
2. With respect to any level of liquor licenses, as authorized by Montana Code Annotated,
Title 16, the City supplants the provisions of subsection (1) Section 16-3-306, of Montana
Code Annotated, by eliminating entirely the distance requirement between licensed
establishments and a church, synagogue or other place of worship, so long as such licensee is
located within a Central Business, B-4 land use zone.
3. With respect to any level of liquor licenses, as authorized by Montana Code Annotated,
Title 16, the City supplants the provisions of subsection (1) Section 16-3-306, of Montana
Code Annotated, by reducing the distance requirement between licensed liquor establishments
and schools to three hundred (300) feet in the General Business B-2, Central Business B-4, and
the Industrial -Commercial B-5 City land use zones. (Ord. 1355, 6-5-2000; amd. Ord. 1638, 6-
2-2008; Ord. 1725, 6-17-2013; Ord. 1757, 5-18-2015)
OPTION 2)
SEPARATE THE ALCOHOL ADDENDUM FROM THE PARADE/SPECIAL EVENT PERMIT AND
CHANGE THE APPROVAL PROCESS TO ADMINISTRATIVE.
3-18 Consumption in Street, Alley, or Public Place Prohibited; Exceptions.
1. 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 unless such action is within the
permitted uses authorized through an sp alcohol permit issued by the City Council,
in conjunction with a parade/special event permit issued by the City. Notwithstanding the foregoing,
this chapter shall not be construed to prohibit the legal sale, service, consumption or possession of
alcoholic beverages on the grounds of the Buffalo Hill Golf Club.
2. 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;
Depot Park;
6. Lakers Ball Fields;
7. The 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 e
asubmit a city alcohol spoeial publie eveHt permit application in
conjunction with a city parade/special event permit application to the City N4aRage Attorney's
Office.deseribingthe date, lace, and time f4 afly SUC-h eVe Parade/special event permits and
alcohol permits will be approved or disapproved administratively and shall be submitted with
enough time prior to the event for multiple departments to review the application.
An alcohol permit 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.,N4
sueh appheations shall be filed with the City Cler-li in time to be seheduled on the next regUlm
agew6, The City Manager shall, within sueh period,r-eeemm-end-ation an
the applieation and plaee all applieations before the City Couneil as an aetion item to appFe"
C. The applicant for an alcohol permit shall comply with all statutes
and regulations of the Montana Department of Revenue governing sales of beer and/or wine,
and shall ensure that a trained volunteer or employee in one of the preapproved Montana
Department of Revenue training courses is present at the point of sale and service.
3. D. The City Counei-1 Manager or his designee may grant an alcohol speeial publie event permit
allowing the sale of beer and/or wine, if, considering the type of function, it finds that:
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 exceeding limitations in the City fire regulations, or other significant inconvenience to
the residents of the surrounding neighborhoods;
3. Underage persons will not obtain alcoholic beverages served at the function, and the
precautions proposed, such as fencing barriers to create separation, use of ID bracelets, and
manned security, are likely to adequately 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
11:00 a.m. and 11:00 p.m.;
5. The applicant agrees to pay such fees and damage deposit as the City Council has
established by resolution to reimburse the City for its costs of solid waste pick up and removal
and barricade placements and comply with all rules set out in the permit regarding the
treatment of solid waste, material that may be used, e.g., no glass bottles;
6. The applicant agrees to provide security for the permitted function commensurate 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 as well as provide liability insurance coverage in
the amount of seven hundred fifty thousand dollars ($750,000.00) per occurrence and one
million five hundred thousand dollars ($1,500,000.00) aggregate naming the City of Kalispell
as an additional named insured.
4. E. Not -for -profit entities may apply for and the City Geaned Manager or his designeemay
approve a seasonal parade/special event permit or an alcohol permit for public
events that recur in the same location in the commercial district over a period of time not to exceed
four (4) months.
5. F. The City GauHeil Manager may deny a permit on the grounds that approval would be
detrimental to the public safety, health, order or welfare by reason of the nature of the event, or
result in the consumption of alcoholic beverages by minors, or the failure of the applicant to conduct
a past event in compliance with applicable laws and regulations. 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 unreasonably interfere with normal activities and customary and general use and
enjoyment of the facility.
6. G. The City supplants the provisions of subsection (1) Section 16-3-306, of Montana Code
Annotated as follows:
1. With respect to restaurant beer and wine (RBW) licenses as authorized by Montana Code
Annotated Sections 16-4-420 through 16-4-423 only, the City supplants the provisions of
subsection (1) Section 16-3-306, of Montana Code Annotated, by eliminating entirely the
distance requirement between licensed establishments and a church, synagogue or other place
of worship, so long as such licensee is located within the General Business B-2 and the
Industrial -Commercial B-5 City land use zones.
2. With respect to any level of liquor licenses, as authorized by Montana Code Annotated,
Title 16, the City supplants the provisions of subsection (1) Section 16-3-306, of Montana
Code Annotated, by eliminating entirely the distance requirement between licensed
establishments and a church, synagogue or other place of worship, so long as such licensee is
located within a Central Business, B-4 land use zone.
3. With respect to any level of liquor licenses, as authorized by Montana Code Annotated,
Title 16, the City supplants the provisions of subsection (1) Section 16-3-306, of Montana
Code Annotated, by reducing the distance requirement between licensed liquor establishments
and schools to three hundred (300) feet in the General Business B-2, Central Business B-4, and
the Industrial -Commercial B-5 City land use zones. (Ord. 1355, 6-5-2000; amd. Ord. 1638, 6-
2-2008; Ord. 1725, 6-17-2013; Ord. 1757, 5-18-2015)
OPTION 3)
SEPARATE THE ALCOHOL ADDENDUM FROM THE PARADE/SPECIAL EVENT PERMIT AND
ALLOW FOR PROFIT APPLICANTS TO APPLY FOR ALCOHOL PERMITS, CONTINUING THE
PRACTICE OF CITY COUNCIL APPROVAL.
3-18 Consumption in Street, Alley, or Public Place Prohibited; Exceptions.
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 unless such action is within the
permitted uses authorized through an special „ublie e entalcohol permit issued by the City Manager
or designee in conjunction with a parade/special event permit issued b thy --Notwithstanding
the foregoing, this chapter shall not be construed to prohibit the legal sale, service, consumption or
possession of alcoholic beverages on the grounds of the Buffalo Hill Golf Club.
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 hockey rink and surrounding grounds between the dates of December 21 st and
March 21st, at Woodland Park;
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 pFovide-�t
submit a city alcohol special publie even* permit application in
conjunction with a city parade/special event permit application to the City ManagefAttorneys
office. Parade/special events that do
not include the distribution or consumption of alcohol will be approved or disapproved
administratively through a parade/special event permit application, and shall be submitted with
enough time prior to the event for multiple departments to review the application. An alcohol
permit 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
alcohol pernut applications shall be filed with the City Clerk in time to be scheduled on the
next regular city council agenda. The City Manager shall, within such period, make a
recommendation on the alcohol permit application and place all applications before the City
Council as an action item to approve or disapprove the recommendation made by the City
Manager.
C. The applicant for an alcohol ;,et"' i . 'Hkiie e,,ent permit shall comply with all statutes and
regulations of the Montana Department of Revenue governing sales of beer and/or wine, and shall
ensure that a trained volunteer or employee in one of the preapproved Montana Department of
Revenue training courses is present at the point of sale and service.
D. The City Council may grant an alcohol permit allowing the sale of beer
and/or wine, if, considering the type of function, it finds that:
Staff has approved, or will approve a parade/special event permit for the function;
2. The community will benefit from the event;
The time, location and duration of the function are not likely to significantly interfere
with public services;
�4. The number and concentration of participants at the function are not likely to result in
crowds exceeding limitations in the City fire regulations, or other significant inconvenience to
the residents of the surrounding neighborhoods;
5 Underage persons will not obtain alcoholic beverages served at the function, and the
precautions proposed, such as fencing barriers to create separation, use of ID bracelets, and
manned security, are likely to adequately secure and supervise the area and the participants
during the function;
64. The applicant agrees to limit the consumption under the permit to the hours between
11:00 a.m. and 11:00 p.m.;
7-. The applicant agrees to pay such fees and damage deposit as the City Council has
established by resolution to reimburse the City for its costs of solid waste pick up and removal
and barricade placements and comply with all rules set out in the permit regarding the
treatment of solid waste, material that may be used, e.g., no glass bottles;
86. The applicant agrees to provide security for the permitted function commensurate with
the recommendations of the Chief of Police;
9-. The applicant agrees to indemnify and hold harmless the City, its employees and agents
for all liability claims arising out of the event as well as provide liability insurance coverage in
the amount of seven hundred fifty thousand dollars ($750,000.00) per occurrence and one
million five hundred thousand dollars ($1,500,000.00) aggregate naming the City of Kalispell
as an additional named insured.
E. Not -for -profit entities may apply for and the City Council may approve a seasonal speei l p„"l _
event alcohol -permit for public events that recur in the same location in the commercial district over
a period of time not to exceed four (4) months.
F. The City Council may deny a permit on the grounds that approval would be detrimental to the
public safety, health, order or welfare by reason of the nature of the event, or result in the
consumption of alcoholic beverages by minors, or the failure of the applicant to conduct a past event
in compliance with applicable laws and regulations. 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
unreasonably interfere with normal activities and customary and general use and enjoyment of the
facility.
G. The City supplants the provisions of subsection (1) Section 16-3-306, of Montana Code
Annotated as follows:
1. With respect to restaurant beer and wine (RBW) licenses as authorized by Montana Code
Annotated Sections 16-4-420 through 16-4-423 only, the City supplants the provisions of
subsection (1) Section 16-3-306, of Montana Code Annotated, by eliminating entirely the
distance requirement between licensed establishments and a church, synagogue or other place
of worship, so long as such licensee is located within the General Business B-2 and the
Industrial -Commercial B-5 City land use zones.
2. With respect to any level of liquor licenses, as authorized by Montana Code Annotated,
Title 16, the City supplants the provisions of subsection (1) Section 16-3-306, of Montana
Code Annotated, by eliminating entirely the distance requirement between licensed
establishments and a church, synagogue or other place of worship, so long as such licensee is
located within a Central Business, B-4 land use zone.
3. With respect to any level of liquor licenses, as authorized by Montana Code Annotated,
Title 16, the City supplants the provisions of subsection (1) Section 16-3-306, of Montana
Code Annotated, by reducing the distance requirement between licensed liquor establishments
and schools to three hundred (300) feet in the General Business B-2, Central Business B-4, and
the Industrial -Commercial B-5 City land use zones. (Ord. 1355, 6-5-2000; amd. Ord. 1638, 6-
2-2008; Ord. 1725, 6-17-2013; Ord. 1757, 5-18-2015)
OPTION 4)
SEPARATE THE ALCOHOL ADDENDUM FROM THE PARADE/SPECIAL EVENT PERMIT, ALLOW
FOR PROFIT APPLICANTS TO APPLY FOR ALCOHOL PERMITS AND CHANGE THE APPROVAL
PROCESS TO ADMINISTRATIVE.
3-18 Consumption in Street, Alley, or Public Place Prohibited; Exceptions.
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 unless such action is within the
permitted uses authorized through an speeial publie e efi*alcohol permit issued by the City Manager
or his designee in conjunction with a parade/special event permit issued by the City-
Notwithstanding the foregoing, this chapter shall not be construed to prohibit the legal sale, service,
consumption or possession of alcoholic beverages on the grounds of the Buffalo Hill Golf Club.
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 hockey rink and surrounding grounds between the dates of December 21st and
March 21 st, at Woodland Park;
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 firstffevide-h
kk'FiReH apphEatiOH fO submit a city alcohol speeial publie event permit application in
conjunction with a city parade/special event ermit application to the CityMafiager Attorney
office. stieh eve Parade/special event permits
and alcohol permits will be approved or disapproved administratively and shall be submitted
with enough time ime prior to the event for multiple departments to review the application. An
alcohol ermit 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--4
such applieationsshail he filed with the City QeFIE in time to besehedtiled on the neXt Fegtilit
or disapprove the reeommendation made by the City N4anageF.
C. The applicant for an alcohol speeial publie event permit shall comply with all statutes and
regulations of the Montana Department of Revenue governing sales of beer and/or wine, and shall
ensure that a trained volunteer or employee in one of the preapproved Montana Department of
Revenue training courses is present at the point of sale and service.
D. The City Eeu-xei4-Manager or designee may grant an alcohol spee al :;!-! c c : e * permit allowing
the sale of beer and/or wine, if, considering the type of function, it finds that:
Staff has approved, or will approve a parade/special event permit for the function;
2. The community will benefit from the event;
3. The time, location and duration of the function are not likely to significantly interfere
with public services;
_-24. The number and concentration of participants at the function are not likely to result in
crowds exceeding limitations in the City fire regulations, or other significant inconvenience to
the residents of the surrounding neighborhoods;
-�. Underage persons will not obtain alcoholic beverages served at the function, and the
precautions proposed, such as fencing barriers to create separation, use of ID bracelets, and
manned security, are likely to adequately secure and supervise the area and the participants
during the function;
04. The applicant agrees to limit the consumption under the permit to the hours between
11:00 a.m. and 11:00 p.m.;
7-�. The applicant agrees to pay such fees and damage deposit as the City Council has
established by resolution to reimburse the City for its costs of solid waste pick up and removal
and barricade placements and comply with all rules set out in the permit regarding the
treatment of solid waste, material that may be used, e.g., no glass bottles;
8€4. The applicant agrees to provide security for the permitted function commensurate with
the recommendations of the Chief of Police;
9-7. The applicant agrees to indemnify and hold harmless the City, its employees and agents
for all liability claims arising out of the event as well as provide liability insurance coverage in
the amount of seven hundred fifty thousand dollars ($750,000.00) per occurrence and one
million five hundred thousand dollars ($1,500,000.00) aggregate naming the City of Kalispell
as an additional named insured.
E. Not -for -profit entities may apply for and the City mil -Manager may approve a seasonal
1 H•'`4lie e'Te*Rtl parade/special event permit or an alcohol -permit for public events that recur in
the same location in the commercial district over a period of time not to exceed four (4) months.
F. The City GauReil Manager may deny a permit on the grounds that approval would be detrimental
to the public safety, health, order or welfare by reason of the nature of the event, or result in the
consumption of alcoholic beverages by minors, or the failure of the applicant to conduct a past event
in compliance with applicable laws and regulations. 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
unreasonably interfere with normal activities and customary and general use and enjoyment of the
facility.
G.The City supplants the provisions of subsection (1) Section 16-3-306, of Montana Code
Annotated as follows:
l . With respect to restaurant beer and wine (RBW) licenses as authorized by Montana Code
Annotated Sections 16-4-420 through 16-4-423 only, the City supplants the provisions of
subsection (1) Section 16-3-306, of Montana Code Annotated, by eliminating entirely the
distance requirement between licensed establishments and a church, synagogue or other place
of worship, so long as such licensee is located within the General Business B-2 and the
Industrial -Commercial B-5 City land use zones.
2. With respect to any level of liquor licenses, as authorized by Montana Code Annotated,
Title 16, the City supplants the provisions of subsection (1) Section 16-3-306, of Montana
Code Annotated, by eliminating entirely the distance requirement between licensed
establishments and a church, synagogue or other place of worship, so long as such licensee is
located within a Central Business, B-4 land use zone.
3. With respect to any level of liquor licenses, as authorized by Montana Code Annotated,
Title 16, the City supplants the provisions of subsection (1) Section 16-3-306, of Montana
Code Annotated, by reducing the distance requirement between licensed liquor establishments
and schools to three hundred (300) feet in the General Business B-2, Central Business B-4, and
the Industrial -Commercial B-5 City land use zones. (Ord. 1355, 6-5-2000; amd. Ord. 1638, 6-
2-2008; Ord. 1725, 6-17-2013; Ord. 1757, 5-18-2015)