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Ordinance 1352 - Prohibiting Alcoholic Beverages on City-Owned Property112 ORDINANCE NO. 1352 AN ORDINANCE REPEALING ORDINANCE NO. 811 § 1 AND ORDINANCE NO. 813 9 1 M-10.1, KALISPELL CITY CODE) BY PROHIBITING THE SALE, CONSUMPTION OR POSSESSION OF ALCOHOLIC BEVERAGES IN OR UPON ANY BUILDINGS OR OTHER PROPERTY OWNED OR OCCUPIED BY THE CITY AND UPON ANY STREET OR SIDEWALK, EXCEPT CERTAIN PREMISES AS APPROVED BY THE CITY MANAGER OR HIS DESIGNEE AND ESTABLISHING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA, AS FOLLOWS: SECTION I. 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 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; 11 1 1 3) Underage persons will not obtain alcoholic beverages served at the function, and the beverages served at the function, and the 1 3 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 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. 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 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 KALISPELL, THIS 1ST DAY OF MAY, 2000. WME .50huf J i + Wm. E. Boharski Mayor ATTEST: %, - , - /�� 4 � �-/ZA eresa White ''. ++t "-Afrk