BID Alcohol Ordinance RequestKALISPELL POLICE DEPARTMENT
312 1 STAVE EAST — PO Box 1997 — KALISPELL, MT 59903
TELEPHONE (406) 758-7780 —FAX (406) 758-7799
E-MAIL - KPDCcbKALISPELL... COM
REPORT. Honorable Mayor and City Council
FROM: Roger Nasset, Chief of Police
SUBJECT: Request from Mr. Goodman to modify City Ordinance 3-18,
allowing alcohol in Depot Park.
MEETING DATE: May 12, 2008
BACKGROUND: This memo is in response to a request from Mr. Bill Goodman to
change City Ordinance 3 ) - 18 to reflect an allowance for legal sale, service, consumption
or possession of alcoholic beverages in Depot Park during the Hockaday Center for the
Arts presentation of Arts in the Park.
As Police Chief and a member of the community I have been proud to advertise the fact
that we do not allow alcohol sales, consumption,, or possession in any of our city parks.
believe changing City Ordinance 3-18 for this request will open the door for future
requests in Depot Park and other city parks. A change to Ordinance-3- 18 would also
require us to change Ordinance 19-20 which prohibits drunkenness, possession or
consumption in the city parks.
The distinct differences that I see in relation to alcohol being allowed in Depot Park and
the current ordinance allowing for Buffalo Hills Golf Club, the Conrad Mansion, the City
Airport, the Kalispell Chamber of Commerce building and the Hockaday Center is these
locations either have requirements that the alcohol be restricted to inside use or they are
not in the very center of Kalispell.
The vast majority of the social disturbance calls that our department deals with are
alcohol related, I do not believe we want to subject our park users to potential alcohol
related problems. Allowing alcohol in Depot Park, even though only one event is being
requested at this time, would create an enforcement problem for the Police Department.
Depot Park is the social center of Kalispell with hundreds of people passing through it
every day. Allowing alcohol in any of our family parks, even for one event, would be a
step backwards from our current high level of community standards and family values.
ROGER NASSET CHIEF OF POLICE ROGER KRAUSS, ASSISTANT CHIEF OF POLICE
KALISPELL POLICE DEPARTMENT
312 1 ST AVE EAST - PO Box 1997 - KALISPELL, MT 59903
TELEPHONE (406) 758-7780 -Fax (406) 758-7799
E-MAIL - KPDC9)KAL1SPELL.00M
It is my impression from contacts with public that alcohol is not welcome in the park. I
say this because we receive numerous complaints when someone is witnessed consuming
or possessing alcohol and/or being drunk in the parks.
RECOMMENDATIONS: To not allow alcohol sales, consumption, or possession in
Depot Park, or any city park, for any function,
Respectfully submitted,
Rog Nasset
e Chiyof Police
�'-aTms H. TP atrick
City Manager
ROGER NASSET. CHIEF OF POLICE * ROGER KR-Auss, AssiSTANT CHIEF OF'POLICE
City of Kalispell
Post Office Box 1997 - Kalispell, Montana 59903-1997 - Telephone (406)758-7700 Fax (406)758-7758
REPORT TO: Mayor Pam Kennedy and Kalispell City Council
FROM: Michael Baker, Director of Parks & Recreation
SUBJECT:
Consumption in Street, Alley, or Public Place Prohibited
MEETING DATE: May 12, 2008
BACKGROUND: It has been the past policy of the City to prohibit the sale,
serving, dispensing, consumption or possession of alcoholic beverages within our
public park system. Past councils have supported the concept of parks for family
interaction, enjoyment and recreation, without the encumbrances which can
oftentimes go hand in hand with alcohol consumption.
This past year we have had 1,588 issued permits for formal reservations which
catered to over 39,000 visitors. These numbers do not include two (2) major craft
shows (approximately 15,000 visitors) and the twenty one (21) Picnic In The Park
concerts (approximately 17,000 visitors). Nor do these numbers reflect general
park usage. Citizens anticipate when visiting parks, they will have a non -
confrontational and relaxing experience. At Kalispell Parks and Recreation we
feel it is an important aspect of our department to provide a safe, leisure park
system and environment for youth and family interaction, enjoyment and
recreation. We have valid concerns that allowing alcohol into the park system
would greatly narrow and limit opportunities currently provided in the park system
for outdoor relaxation and recreation experiences.
RECOMMENDATION: To encourage a healthy recreation environment and to
continue to promote family and youth park usage it would be the recommendation
of the Parks and Recreation department to continue to prohibit alcohol possession
and consumption in Kalispell's parks system.
FISCAL EFFECTS: It is our opinion that allowing alcohol into the parks setting
would increase the potential for additional maintenance costs, increased negative
incidents ents and additional burdening of other city departments (police, fire, garbage,
etc.)
ALTERNATIVES. 0
Respectfully submitted,
As suggested by Council.
Michael Baker, Director of Parks
Report Compiled May 8,2008
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awes Ci I ty Manager
H. Patrick,
3-18 Consumption in Street, Alley., or Public Place Prohibited.
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. Notwithstanding the
foregoing, this chapter shall not be construed to prohibit the legal consumption of alcoholic
beverages at the City -owned Courtyard Apartments nor shall this chapter be construed to
prohibit the legal sale, service, consumption or possession of alcoholic beverages on the
grounds of the Buffalo Hill Golf Club, or Depot Park during the Hockaday Center for the
Arts presentation of Arts in the Park.
B. Persons wishing to use the Hockaday Center for the Arts, the Conrad Mansion, the
Kalispell Chamber of Commerce building, the Kalispell City Airport, or the Central School
Museum for an event which involves the consumption or possession of, but not the sale of,
beer and/or wine shall first provide written notice of the event to the City Manager or
designee, describing the date, place, and time for any such event. All such notifications shall
be submitted to the City Manager not less than three (3) days prior to the event.
C. Persons wishing to use the Hockaday Center for the Arts, Depot Park during Arts in the
Park, the Conrad Mansion, or the Central School Museum for a function which involves the
sale of beer and/or wine must first apply for and obtain a temporary sales permit from the
City. In addition, the applicant shall comply with all statutes and regulations of the Montana
Department of Revenue governing sales of beer and/or wine. Applications shall be filed
with the City Clerk.
D. The City Manager or, in his or her absence, designee, may grant a temporary permit
allowing the sale of beer and/or wine, if, considering the type of function, the Manager or
designee 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 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 11:00 a.m. and 11:00 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 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.
E. The City Manager shall require the sponsor of any event involving the consumption or
possession of alcoholic beverages or the applicant for a temporary beer and/or wine sales
permit to obtain liquor/host, liquor and general liability insurance hi such amount deemed
necessary to protect the City's interest, and to name the City as an additional insured on any
policies.
F. 1. The City Manager 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 unreasonably interfere with normal
activities and customary and general use and enjoyment of the facility.
G. Approval or denial of the permit shall be made by the City Manager or, M* his or her
absence,, designee, not later than ten (10) business days following submission of the
completed application to the City Clerk.
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H. With respect to suitable locations for aLiquor License%/_r%713rt_.____ --,- __� _
atc_m gala U% x A &,oh=t4ang xjg� A nn A*at;a 4 a*j g%= - J 9Z 4 4 3 * an a a & I -
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City supplants the provisions of subsection (1) Section 16-3-306, of Montana Code
Lagar- Q=A
Annotated, by eliminating entirely any distance requirement between a. FestWonswant
any Liquor Licensee and a church, synagogue, other place of worship or a
school,, so long as such licensee is located within a General Business, B-2; Community
Business, B-3; Central Business, B-4; or Industrial -Commercial, B-5 Zone. (Ord. 1355, 6-5-
2000)