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HomeMy WebLinkAbout12-02-16 Public Comment - S. Spitler - Bozeman TaproomFrom:Shawnee Shahroody Spitler To:Agenda Subject:I strongly oppose the Taproom"s request Date:Friday, December 02, 2016 11:22:05 PM Dear City Commissioners, As the parent of 5th and 3rd grade children attending Hawthorne school, I am concerned about the impact of a bar serving hard alcohol during school hours across the street from my children's school. The school has modified the path it takes its children on to avoid exposure to the bar. Students in classrooms on Rouse have facial recognition with bar patrons. While school and city advocate for smart drinking and drug choices (just say no) children get to gaze out their classroom window during learning hours to open air bar, if a classroom window is open, they get to hear the loud music, listen to profanities, and watch and be watched by adults under the influence. The city has chosen to expose and impact our children to this environment by approving the original permit. While there are other establishments serving alcohol within 600 feet of the school, none of them have quite the same impact on Hawthorne. The Taproom is only 100 feet away, opens at 11 am, and has large windows with large TV screens facing the classrooms along Rouse. In addition, the rooftop bar with a wide open view to the school is open in warm weather. No one is opposed to the Taproom, just the proximity of it to our children's eyes and ears while they are at school. Now the Taproom is attempting to make the situation much more serious by serving hard alcohol from 11:00 am on through out the day, and has asked the City to grant it a conditional use permit to do so. What about mitigation for its impacts? I don't understand why the City has placed all the burden on the school and the children. It just doesn't make sense. In looking at the legislative history and administrative regulations there hasn’t been other states that have that far of a prohibited area (600ft). Most states have laws prohibiting the sale of alcohol from schools and churches within 100, 200 and 300 feet, with a few with 400 and 500 feet restrictions. Based on this, it demonstrates to me that Montana wanted to be even more protective of our schools. So what is the City of Bozeman missing? Clearly, the spirit and intent of the law is being blatantly violated here in support of business development and at the expense of our children. The law was adopted to provide a safe learning environment for children. The owners circumvented the law by changing the address of their establishment from Rouse, which is the school's postal address, to Mendenhall, and the state granted the beer & wine license. The school’s primary point of entry is Mendenhall and is less than 100 feet. Who are the champions for our children who will stand up and advocate for the young people on this issue? I expect the City Commissioners and the Bozeman School District to provide a safe learning environment for my children. And I expect City Commissioners Bozeman School District to be advocates for our youngest citizens and to be role models in the decisions you make. They are watching and learning from the examples you set. They deserve your utmost care. Allowing a bar serving hard alcohol during school hours within 100 feet and visible from my children's classroom windows is unacceptable. Please deny the Taproom's request to the City for a conditional use permit for a full beverage license and designate mitigation measures for business operation during school hours. Granting such a permit is NOT in the best interest of the Hawthorne children or the Bozeman community. Please see my specific concerns and suggested recommendations below. I've also attached a document outlining my concerns, relevant information regarding this issue, and recommendations. Thank you for your time and consideration-- I appreciate it. Feel free to contact me if you have questions, or would like to discuss any of this further. Sincerely, Shawnee Spitler, JD Specific Concerns: <!--[if !supportLists]-->· <!--[endif]-->TapRoom is 100 feet away from Hawthorne Elementary School. Business opens and begins serving alcohol at 11 am daily during the school week and school hours. Rooftop bar and inside of bar (with large screen TV’s) visible to Hawthorne Elementary students from their classrooms <!--[if !supportLists]-->· <!--[endif]-->Unregulated alcohol consumption within close proximity and visibility of elementary school does not prioritize Bozeman’s children, community, or Bozeman’s student’s education <!--[if !supportLists]-->· <!--[endif]-->Integrity of learning environment- Unregulated presence of TapRoom and subsequent alcohol consumption during school hours compromises the learning environment as students are able to view patrons on the rooftop bar, hear loud music and widescreen TV’s tuned to sports channels, and exposed to alcohol consumption during school hours. School is to be a safe place for students to focus on learning and developing life skills to be a successful citizens and healthy human beings. <!--[if !supportLists]-->· <!--[endif]-->Safety Concerns- <!--[if !supportLists]-->o <!--[endif]-->While school can regulate who comes into the school and may access Hawthorne Elementary students, there is no way for school to regulate patrons of TapRoom who have physical proximity and visibility of Hawthorne children. Children with Orders of Protection or conflicted relationships with adults may be triggered, traumatized, or fearful of seeing current/past perpetrators at visible establishment across the street. This will inhibit ability of students to focus on academics and integrate learning concepts <!--[if !supportLists]-->o <!--[endif]-->Driving Under Influence- safety of students crossing streets (Mendenhall and Rouse) during school hours and after school at pick-up. <!--[if !supportLists]-->o <!--[endif]-->Hawks Kids (after school CARES program)- students outside on playground from 3:30-5:30. Safety students with Driving Under Influence concerns and parking on near Hawthorne. <!--[if !supportLists]-->o <!--[endif]-->Physical Environment Concerns- likely increase of broken glass, cigarette butts, vomit, and garbage on sidewalks and around establishment <!--[if !supportLists]-->· <!--[endif]-->Social Development of Students- unregulated visibility of daytime drinking behaviors has social impact on children’s development. As part of the socialization process, students may development positive or permissive attitudes toward drinking behaviors/alcohol consumption at a young age which may be antithetical to recommended alcohol consumption for adults. <!--[if !supportLists]-->· <!--[endif]-->Social/Emotional Development of Students- students may see their own parents/guardians or other student’s parents/guardians at rooftop bar or inside establishment. This may influence children’s self-esteem and how they think about and treat peers Recommendations for Tap Room: *Deny Taproom's application for full liquor license and set regulations for business operations during school hours* <!--[if !supportLists]-->1. <!--[endif]-->Install dense screens on rooftop deck to block view of alcohol consumption during school hours (11:00 am – 5:30 pm) <!--[if !supportLists]-->2. <!--[endif]-->Keep all garage doors on Rouse closed during school hours (11:00 am – 5:30 pm) <!--[if !supportLists]-->3. <!--[endif]-->No music on roof top deck or outside speakers during school hours (11:00 am – 5:30 pm) <!--[if !supportLists]-->4. <!--[endif]-->Alcohol deliveries (kegs) must park and be delivered through front door on Mendenhall (not visible to Hawthorne classrooms)