HomeMy WebLinkAboutOrdinance 82- 1109 Public drinking
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ORDINANCE NO. 1109
AN ORDINANCE PROHIBITING PUBLIC DRINKING OF BEER OR LIQUOR:
PROHIBITING PUBLIC DISPLAY OR EXHIBITION OF BEER OR LIQUOR
IN CERI'AIN PUBLIC PIACES IN THE CITY OF BOZEMAN, MONTANA:
DEFINING LIQUOR AND BEER, PUBLIC PLACES, PUBLIC DRINKING,
AND PUBLIC DISPLAY OR EXHIBITION. I
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Be it ordained by the City Comnission of the City of Bozeman, M:mtana,
as follows:
Section l--Definitions
The following words and phrases used in this Ordinance shall be defined as
follows:
(a) "LIQUOR" shall mean any alcoholic, spiritous, vinous, ferrrented, malt
or other liquor which contains rrore than one percent (1 %) of alcohol by weight.
(b) "BEER" shall mean any beverage obtained by alcoholic ferrrentation of
an infusion or decoction of bar ley, malt, hops or any similar products, containing not
rrore than seven percent (7%) of alcohol by weight.
(c) "PUBLIC PLACES"rneans all streets, avenues, alleys and parks in the
City of Bozeman, Montana, all municipal and public buildings, but does not include
premises licensed for the sale of liquor or beer at retail by the Department of Revenue
of the State of Montana, or the City of Bozeman.
(d) "PUBLIC DISPLAY OR EXHIBITION OF BEER OR LIQUOR" shall mean and include
the carrying and exhibiting of open cans or bottles of beer or the carrying and exhibiting I
of glasses or other types of containers for beer or liquor, even though empty, to, in,
on or within any public place within the City of Bo?:eman, Montana, but does not include
carrying or transporting such beer or liquor fran retail liquor or beer establishrrents
in sacks, cases, boxes, cartons, or. similar containers with unbroken seals or when no
display or exhibition is made.
(e) "PUBLIC DRINKING" includes the drinking or consuming of beer or liquor in
or on any public place in the City of Bozeman, Montana.
Section 2
Public drinking and public display and exhibition of beer or liquor as defined
herein are hereby prohibited, and it shall be unlawful for any person to engage in public
drinking, public display or exhibition of beer or liquor Within the city limits of
Bozeman, M:Jntana.
Section 3
The Director of Public Safety may grant a waiver to the provisions of this
ordinance for the purpose of holding picnics, parties, reunions and barbecues in public I
parks provided the number of adults does not exceed 75. Larger groups shall seek a
waiver fran the City Canmission.
ORDINANCE NO. 1109
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In seeking a waiver to this ordinance the group leader or authorized representative
shall file with the Director of Public Safety an application for a city park alcoholic
beverage pennit.
Prior to the issuance of said penni t an investigation shall be made into the
I sui tabili ty and carpatabili ty of the proposed function with other park acti vi ties and the
surrounding area. In making the investigation the Director of Public Safety shall consider:
l. Type of gathering (picnic, reunion, etc.)
2. Other uses of the park at the same t:ime.
3. Hours of proposed use.
4. Use of a public address system.
5. Potential disturbance to surrounding neighbors.
6. Past performance of the group.
7. Need for increased policing.
The Director of Public Safety shall have ten (10) days to make an investigation.
In addition to the above, it is fully understood that:
l. The granting of a waiver in no way abrogates the responsibility and
liability of the applicants;
2. Any police officer shall have full authority to void a pemit for
violation of park rules and regulations, or any ordinances,
ccmnitted by any rranber of the group; and
3. Public address systems will be pemitted; hCMever, amplified
music shall not be permitted.
Section 4
I Any person violating any of the provisions of this ordinance shall, upon conviction
thereof, be fined an arrount not less than 'IWenty-five Dollars ($25) nor rrore than Three
Hundred Dollars ($300).
PASSED, AOOPI'ED AND APPROVED by the City Carrmission of the City of Bozeman,
this 14th day of June, 1982.
ALFRED M. STIFF, Mayor
ATI'EST:
Clerk of the City Conmission
I
ORDINANCE NO. 1109
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State of M::mtana )
County of Gallatin )
City of Bozeman )
I, Robin L. Sullivan, Clerk of the City Corrmission of the City of Bozeman, I
do hereby certify that the foregoing Ordinance No. 1109 was published by title and
number in the Bozeman Daily Chronicle, a newspaper of general circulation printed and
published in said City of Bozeman in the issue dated the 17th day of June 1982.
IN WITNESS 'WHEREOF I hereunto set my hand and affix the corporate seal of
my office this 23rd day of June 1982.
Clerk of the City Commission
I
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ORDINANCE NO. 1109
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