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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 U sa/mydocii ment-;Jc.otincil/ale-oholordreviewmemomay2OO8. doe 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. A-%. - -sqe% M-_041 a sic 83i b 01=0 Q**J 31;XX;S*JM 4RJQJ1n 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 - ON= &AAhWck 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)