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Ordinance 1355 - Amends KCC Ch 3, Alcoholic BeveragesORDINANCE NO. 1355 AN ORDINANCE AMENDING CHAPTER 3, ALCOHOLIC BEVERAGES, KALISPELL MUNICIPAL CODE BY AMENDING R.O. 1947, §§ 774, 785, 789, 895, 897, 898; AND ORDINANCE NO.'s 676 § 1, 813 § 1, 836 § 1, 840 §§ 2,5, 874 § 1, AND 917 § 1, AND 3; REPEALING R.O. 1947, §§ 773, 776 AND 781 AND ORDINANCE NO.'s 840 §§ 4, 6 AND 7; 874 § 2, 917 §§ 2, AND 4; AUTHORIZING THE CITY ATTORNEY TO RECODIFY CHAPTER 3, KALISPELL MUNICIPAL CODE IN ACCORDANCE WITH THIS ORDINANCE; AND DECLARING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA AS FOLLOWS: SECTION I. That R.O. 1947, § 897, (§ 3-1, Kalispell City Code) is hereby amended to read as follows: ARTICLE I. DEFINITIONS "Alcohol" means ethyl alcohol, also called ethanol, or the hydrated oxide of ethyl. "Alcoholic Beverage" means a compound produced and sold for human consumption as a drink that contains more than 0.5 of alcohol by volume. "Beer" means a malt beverage containing not more than 70-o of alcohol by weight. "Brewer" means a person who produces malt liquor. "Liquor" means an alcoholic beverage except beer or table wine. "Public Place" means a place, building, or conveyance to which the public has or may be permitted to have access and any place of public resort. "Wine" means an alcoholic beverage made from or containing the normal alcoholic fermentation of the juice or sound, ripe fruit or other agricultural products without addition or abstraction, except as may occur in the usual cellar treatment of clarifying and aging, and that contains more than 0.05 but not more than 24% of alcohol. Wine may be ameliorated to ORDINANCE NO. 1355 1 correct natural deficiencies, sweetened, and fortified in accordance with applicable federal regulations and the customs and practices of the industry. Other alcoholic beverages not defined in this subsection but made in the manner of wine and labeled and sold as wine in accordance with federal regulations are also wine. SECTION II. That Ordinance No. 874, § 1 (§ 3-6, Kalispell City Code) is hereby amended to read as follows: ARTICLE II. LICENSING AND REGULATION RETAIL LICENSE -- FEE: A) The City Finance Department may issue a license to sell liquor, beer and wine (an all -beverage license) or a beer, only, or beer and wine, or a restaurant beer and wine license, at retail within the City pursuant to 16-4- 420 and 16-4-503, MCA. Each licensee licensed for an all - beverage license under this section shall pay an annual license fee of five eighths (5/8) of the amount charged by the State for the license issued by the state to such person or persons. Each licensee for a beer, only, or beer and wine license under this section shall pay an annual license fee of 100% of the amount charged by the State for license issued by the State to such person or persons. B) A restaurant beer and wine license issued pursuant to § 16-4-420, MCA shall pay an annual license fee of 75% of the State's fee. C) Licenses issued or transferred pursuant to this Section shall be prorated by the month, for the year, in which the issuance or transfer takes place. SECTION III. That Ordinance No. 840, § 2 (§ 3-7, Kalispell City Code) is hereby amended to read as follows: LICENSE --APPLICATION• CONTENTS• TRANSFERABILITY• POSTING ETC.: ORDINANCE NO. 1355 2 Prior to the issuance of an all -beverage license, or a beer, only, or beer and wine license, the applicant shall file with the City Finance Department an application in writing containing such information and statements relative to the applicant and the premises where the liquor is to be sold as may be provided on forms furnished by the City. A copy of the all -beverage, or beer, only, or beer and wine, license issued by the State shall be attached to the application. Every such license issued shall set forth the name of the person to whom issued, location of the premises where the business is to be carried on and, if issued to a partnership, the names of the persons conducting the business. Such license shall be transferable under 16-4-204, MCA and shall, at all times, be posted in a conspicuous place on the premises where the business is carried on. All licenses shall expire on June 30th at midnight of each year. SECTION IV. That Ordinance 840, § 5 (§ 3-15, Kalispell City Code) is hereby amended to read as follows: FORMS; DUTIES OF FINANCE DEPARTMENT: Upon filing of the application prescribed in the preceding section, the Finance Department shall issue and deliver to the applicant the appropriate license from the city for the business and at the place described therein and in substantially the same form as the license issued by the state. The Finance Department shall keep each application on file in the office with an index thereof, showing the date filed, the name of the applicant, the character and location of the business and referenced to the file number by which such application may be found. The Finance Department shall be charged with the collection of the license fee herein provided for and shall prepare all blanks for applications for license and keep all books of account in connection therewith. SECTION V. That Ordinance No. 840, § 6 (§ 3-16, Kalispell City Code) is hereby repealed. ORDINANCE NO. 1355 3 SECTION VI. That R.O. 1947, § 781 (§ 3-17, Kalispell City Code) is hereby repealed. SECTION VII. That Ordinance No. 840, § 7 (§ 3-18, Kalispell City Code) is hereby repealed. SECTION VIII. That R.O. 1947, § 789 (§ 3-19, Kalispell City Code) is hereby amended to read as follows: INSPECTION, CONTROL AND REGULATION: Any licensee under the provisions of this article shall be subject to regulation, inspection, control and supervision under the general police powers of the city. SECTION IX. That Ordinance No. 914, § 4 (§ 3-20, Kalispell City Code) is hereby repealed. SECTION X. That Ordinance No. 676, § 1 (§ 3-21, Kalispell City Code) is hereby amended to read as follows: ARTICLE III. OFFENSES AND PENALTIES PERMITTED PURCHASES BY RETAILERS: It shall be unlawful for any licensed beer retailer or club to purchase or acquire beer from any one except a brewer or wholesaler licensed under the provisions of state law, or to have, possess or sell beer which has not been purchased from a brewer or wholesaler licensed under state law. SECTION XI. That Ordinance No. 836, § 1 (§ 3-5.2, Kalispell City Code) is hereby amended to read as follows: CLOSING HOURS FOR LICENSED RETAIL ESTABLISHMENTS --SALE OF ALCOHOLIC BEVERAGES DURING CLOSED HOURS UNLAWFUL --LAWFUL BUSINESS NEED NOT BE CLOSED: (A) Except as provided in 16-3-305, MCA, all licensed establishments wherein alcoholic beverages are sold, offered for sale, or given away at retail shall be closed each day between 2:00 A.M. and 8:00 A.M. During such ORDINANCE NO. 1355 4 hours all persons except the alcoholic beverage licensee and employees of such licensed establishment shall be excluded from the licensed premises. (B) During the hours when the licensed establishments where alcoholic beverages are sold at retail are required by this code to be closed, it shall be unlawful to sell, offer for sale, give away, consume, or allow the consumption of alcoholic beverages. When an establishment licensed to sell alcoholic beverages is operated in conjunction with a hotel, restaurant, bus depot, railway terminal, grocery store, pharmacy, or other lawful business other than that of the sale of alcoholic beverages, then such other lawful business need not be closed. SECTION XII. That Ordinance No. 917, § 2 (§ 3-5.1, Kalispell City Code) is hereby repealed. SECTION XIII. That R.O. 1947, § 895, (§ 3-3, Kalispell City Code) is hereby amended to read as follows: PREMISES WHERE ALCOHOLIC BEVERAGES ILLEGALLY SOLD DECLARED PUBLIC NUISANCE: Any room, house, building, boat, vehicle, structure, or place where alcoholic beverages are knowingly manufactured, sold, or bartered in violation of this code or 45-8-111, MCA and all property knowingly kept and used in maintaining the same is hereby declared to be a public nuisance, and any person who maintains such a nuisance shall be guilty of a misdemeanor and upon conviction shall be punished as provided in § 1-9, Kalispell City Code. SECTION XIV. That R.O. 1947, § 898, (§ 3-4, Kalispell City Code) is hereby amended to read as follows: INJUNCTIVE ACTIONS: An action to enjoin any nuisance defined in this code may be brought in the name of the City by the City Attorney, under § 16-6-313, MCA. ORDINANCE NO. 1355 5 SECTION XV. That R.O. 1947, § 773, (§ 3-8, Kalispell City Code) is hereby repealed. SECTION XVI. That Ordinance No. 917 § 1 (§ 3-5, Kalispell City Code) is hereby amended to read as follows: POSSESSION BY PERSONS UNDER TWENTY ONE: It shall be unlawful for any person who has not reached the age of twenty one years to have in his possession an alcoholic beverage, provided, however, that a person does not commit this offense when in the course of his employment it is necessary to possess alcoholic beverages. SECTION XVII. That Ordinance No. 917, § 3, (§ 3-9, Kalispell City Code) is hereby amended to read as follows: SALES TO CERTAIN PERSONS PROHIBITED: It is unlawful for any licensee, his or her employee or employees, or any other person to sell, deliver, or give away or cause or permit to be sold, delivered or given away any alcoholic beverage to: (A) any person under 21 years of age; (B) any intoxicated person or any person actually, apparently, or obviously intoxicated. SECTION XVIII. That Ordinance No. 813, § 1 (§ 3-10.1, Kalispell City Code) is hereby amended to read as follows: 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 Ordinance shall not be construed to prohibit the legal consumption of alcoholic beverages at ORDINANCE NO. 1355 6 the City -owned Courtyard Apartments nor shall this Ordinance 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 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 his 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, 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 of Kalispell. 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 absence, his designee, may grant a temporary permit allowing the sale of beer and/or wine, if, considering the type of function, the Manager or his 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 ORDINANCE NO. 1355 7 supervise the area and the participants during the function; 4) The applicant agrees to limit the consumption under the permit to the hours between eleven A.M. and eleven 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 in 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. ORDINANCE NO. 1355 8 G) Approval or denial of the permit shall be made by the City Manager or, in his absence, his designee, not later than ten (10) business days following submission of the completed application to the City Clerk. SECTION XIX. That there is hereby enacted a new Section which reads as follows: With respect to restaurant beer and wine (RBW) licenses, as authorized by Sections 16-4-420 through 16-4-423, MCA, only, the City of Kalispell supplants the provisions of subsection (1) of Section 16-3-306, MCA, by eliminating entirely any distance requirement between a restaurant beer and wine (RBW) licensee and a church, synagogue, other place of worship or a school, so long as such licensee is located within General Business, B-2; Community Business, B-3; Central Business, B-4; or Industrial Commercial, B-5 zone. SECTION XIX. That R.O. 1947, § 774 (§ 3-11, Kalispell City Code) is hereby amended to read as follows: PENALTIES• Any person violating any of the provisions of this article shall, upon conviction thereof, be punished as provided in Section 1-9, Kalispell City Code. SECTION XX. That R.O. 1947, § 785 (§ 3-24, Kalispell City Code) is hereby amended to read as follows: MUNICIPAL COURT TO REPORT CONVICTIONS: In the case of conviction of any licensee hereunder of any violation of this Chapter in the Municipal Court, the Municipal Judge shall within ten (10) days thereafter, whether or not an appeal has been taken from the judgment of conviction, transmit to the Montana Department of Revenue, a certified copy of the record of conviction. SECTION XXI. That R.O. 1947, 776 (§ 3-12, Kalispell City Code) is hereby repealed. SECTION XXII. That Ordinance No. 874, § 2 (§ 3-13, Kalispell City Code) is hereby repealed. ORDINANCE NO. 1355 9 SECTION XXIII. That Ordinance No. 840, § 4 (§ 3-14, Kalispell City Code) is hereby repealed. SECTION XXIV. That the City Attorney is hereby authorized and directed to recodify Chapter 3, Alcoholic Beverages, Kalispell Municipal Code in accordance with this Ordinance. SECTION XXV. This Ordinance shall take effect 30 days from and after its passage by the City Council. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AND SIGNED BY THE MAYOR THIS DAY OF JUNE, 2000. Wm. E. Boharski Mayor Attest: i Theresa White City Clerk ORDINANCE NO. 1355 10