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HomeMy WebLinkAbout12-14-16 Public Comment - Bozeman School District #7 - Bozeman TaproomFrom:Watson, Robert To:Agenda; Carson Taylor; Cyndy Andrus; Chris Mehl; I-Ho Pomeroy; Jeff Krauss Cc:Chris Kukulski Subject:Public Comment regarding the expansion of the conditional use permit for 321 East Mendenhall Date:Wednesday, December 14, 2016 12:52:13 PM Dear City Commissioners, Our Board of Trustees recently discussed application currently before the City for theexpansion of the conditional use permit for 321 East Mendenhall. This discussion resulted in an opinion letter which has been approved by our Board. It is our understanding that this issuewill be discussed at the commission meeting on Monday, December 19 and the commission is accepting public comment. The letter is copied below as well as attached. Thanks for the opportunity to providecomment. To: The Bozeman City Commissioners From: Bozeman School District #7 Dated: December 14, 2016 Re: Application for All Beverage liquor license For the Taproom SPECIAL NOTE: This correspondence was discussed and approved by a unanimous vote ofthe Bozeman School District - Board of Trustees at their December 12 meeting. Questions regarding this correspondence should be directed to District administration. Dear Commissioners: The Trustees of the Bozeman School District #7 wish to express their concerns and objections to the application to modify the conditional use permit held by the Taproom and it’s owners. The Trustees strongly oppose the proposal to modify the conditional use permit and request the Commission to deny the application to expand the permit to a full liquor license. Theexpansion to a full liquor license is clearly in conflict with state law and would set a dangerous precedent for other future businesses who seek to serve alcohol within the vicinity of aschool. In addition, the Trustees request the Commission to make modifications to the existing conditional use permit to limit visual exposure to any alcohol consumption duringschool hours. As you are aware, the Taproom is located immediately across the street from Hawthorne Elementary School. The School serves children ages 5 through 11, grades K-5. HawthorneElementary School is located within 600 feet of the Taproom and after the remodel construction is completed will have an address on Mendenhall, which is the same address as the Taproom implicating 42-12-129 A.R.M. (As the main entrance for Hawthorne has beenmoved during renovation, the District has already made application for an address change from Rouse to Mendenhall.) State Statute prohibits sale of alcoholic beverages within 600feet of a school or a church. 16-3-306(1) M.C.A. The Taproom was granted a conditional use permit to serve beer and wine based on the city’s ordinance 4.02.020, which contains an exception to the proximity restrictions for “restaurants”holding a “restaurant beer and wine license.” Presumably, the ordinance acknowledges that the ability of a restaurant to serve beer and wine serves to enhance the dining experience of thecustomer, which can justify an exception to the 600-foot rule. However, this ordinance does not contain an exception to the proximity restrictions for all beverage licenses. The use of anall beverage license is quite different from enhancing a dining experience and creates a very different environment. The Commissioners have the discretion to deny the requested modification to the conditionaluse permit at issue here. It is clear that the intent of state law is to create a buffer around schools and churches from an environment that involves the sale and consumption of alcohol. The intent of the law is to protect our children and facilities. In that regard, both the Taproom and Hawthorne Elementary School are located in a high traffic area. Further, the Taproom hasvery little off-street parking options for its patrons. The modification of the conditional use permit to allow the sale and consumption of all alcoholic beverages will surely have the effectof increasing the number of patrons at this establishment creating an even more congested and dangerous environment for our children. The Taproom was constructed with several outdoor design features. The rooftop deck and thelarge garage-style doors on the east side of the establishment have created an open atmosphere for patrons. However, these design features also mean that alcohol consumption is in clearline-of-sight view by students in the Hawthorne classrooms on the west side of the school. In addition, the School has already had to make changes in its processes related to activities onthe west side of the school building. For example, with walking field trips the safest place for children to cross Rouse is at the stop light on Mendenhall. However doing so has the childrenin very close proximity to bar patrons, which opens at 11:00 am, so the teachers have taken different routes to cross Rouse. The Commission should consider modifications and/orrestrictions for the Taproom to limit the visual exposure to alcohol consumption during school hours. For example: the Taproom could be required to limit their hours during the schoolyear. In addition, there could be some modifications made to the existing structure to limit visual exposure to alcohol consumption, like screening of the roof top deck. While you did vote to grant the Conditional Use Permit to the Taproom for the sale andconsumption of beer and wine, the District respectfully requests that you do not modify that Conditional Use Permit to allow an all beverage license at this location as such has the effectof contradicting and bypassing the clear intent of state law which prohibits the retail sale of alcohol within 600 feet of a school. We ask that the Commissioners protect the integrity and safety of our schools and particularly Hawthorne Elementary School, and deny the applicationto modify the Conditional Use Permit for the Taproom. It is not in the best interests of the Bozeman Community nor the School District for an all beverage liquor license to be issued at this location. Andy Willett Board Chair Robert Watson Superintendent -- Robert J. Watson, Ed.D.Superintendent Bozeman School District #7404 West Main Bozeman, MT 59715406-522-6001 (main office) 406-522-6065 (fax) All e-mail correspondence together with any attachments to and from this address may beconfidential and is subject to the Acceptable Use Policies of Bozeman School District #7, which may result in monitoring and disclosure to third parties, including law enforcement.Any views or opinions presented in this e-mail are solely those of the author and might not represent those of Bozeman School District #7. This e-mail is intended solely for the use ofthe individual or entity named on this message. If you are not the intended recipient, and have received this message in error, please notify the sender immediately by reply e-mail and thendelete it from your system.