Ordinance 1638 - Zoning Text Amendment - Liquor Distance RequirementsORDINANCE No. 1638
AN ORDINANCE AMENDING ORDINANCE NO. 1355, CODIFIED AS KALISPELL CITY
CODE 3-15 SUPPLANTING THE PROVISIONS OF MCA 16-3-306 ELIMINATING THE
DISTANCE REQUIREMENT BETWEEN AN ESTABLISHMENT WITH ANY LIQUOR
LICENSE AND A CHURCH, SYNAGOGUE, OTHER PLACE OF WORSHIP IN THE B-4
CENTRAL BUSINESS ZONE, AND REQUIRING A DISTANCE OF 300 FEET BETWEEN
AN ESTABLISHMENT WITH ANY LIQUOR LICENSE AND A SCHOOL IN GENERAL
BUSINESS B-2, COMMUNITY BUSINESS B-3, CENTRAL BUSINESS B-4, AND THE
INDUSTRIAL -COMMERCIAL B-5 CITY LAND USE ZONES AND DECLARING- AN
EFFECTIVE DATE.
WHEREAS, the state law at MCA 16-3-306 does not allow a liquor license to be issued to any
establishment within 600 feet of any church, synagogue, other place of worship or
school; and
WHEREAS, the state law at MCA 16-3-309 gives an incorporated city such as Kalispell the
authority to supplant .MICA 16-3-306 by establishing a jurisdictional area in which
such restrictions may be modified or eliminated; and
WHEREAS, in the year 2000, the City Council passed ordinance No. 1355 which eliminated the
distance requirement between establishments with a restaurant beer and wine license
and any church, synagogue, other place of worship or school in the General Business
B-2, Community Business B-3, Central Business B-4, and the Industrial -Commercial
B-5 City land use zones; and
WHEREAS, the B-4 Central Business Zone comprises downtown Kalispell which is essentially
built out but in need of revitalization which may include additional restaurants or
other establishments that would benefit from an All Beverage as well as the
Restaurant Beer and Wine liquor license; and
WHEREAS, the Kalispell City Council finds that it is in the best interests of the City of Kalispell
to allow establishments within the B-4 Central Business zone to have any level of
liquor license without distance restrictions from any church, synagogue or other place
of worship; and
WHEREAS, the Kalispell City Council further finds that it is in the best interests of the City that at
least 300 feet separate schools from establishments with any level of liquor license in
the General Business B-2, Community Business B-3, Central Business B-4, and the
Industrial -Commercial B-5 City land use zones.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA, AS
FOLLOWS:
SECTION I. Kalispell City Code 3-15 shall be and is hereby amended by replacing
paragraph H. to read as follows:
"H. 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, Community Business
B-3, 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 300 feet in the General
Business B-2, Community Business B-3, Central Business B-4, and the
Industrial -Commercial B-5 City land use zones.
SECTION II. This Ordinance shall be effective thirty (30) days from and after the date of
its final passage and approval.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE
CITY OF KAALISPELL, MONTANA, THIS 2ND DAY (
ATTEST:
Theresa White
City Clerk