HomeMy WebLinkAbout12-19-16, Public Comment, J. Collins,Tap Room To: The Bozeman City Commissioners
From:Julie W. Collins
Dated: December 19, 2016
RE: Application for All Beverage liquor license for the Bozeman Taproom
Dear Commissioners:
I am writing to express my concern and strong objeectio its .oltam a parent of 2 children thathe application to modify the currently
use permit held by the Bozeman Taproom and
attend Hawthorne with a 3rd to attend in two years. I have been in the Hawthorne community for over
35 years as I also attended this school, as well as my brothers, nephews and nieces. I, like most of the
parents and surrounding community, feel we are very fortunate to have such an exceptional school
community for our children.
That being said, I am absolutely confounded by the City Commission's approval of a CUP for the
Taproom last fall which is located less that 100' from Hawthorne Elementary School and will in fact
share the same street address on Mendenhall. I understand the CUP was granted by the city based on
the city's own ordinance to make exceptions to the proximity restrictions based on a restaurant
holding a beer and wine license. However, I also know this ordinance does not contain an exception to
an all beverage license and the reality is, that this would not be a restaurant, but a bar. The owners
have referred to it as a bar in many interviews and are proud to call it such. A bar lends itself to a
much different environment than a restaurant where people are seeking a dining experience.
Like many parents and concerned citizens, I was never aware that a bar was planned for the corner of
Rouse and Mendenhall. The City and owners question why there was no objection when they sought a
CUP last year, and that is simply because we had no idea this business was being proposed. The
owners did not contact the families of Hawthorne to engage with them when seeking to get city
approval nor did they contact the families when approached by a third party that had won a state
license in the liquor lottery to place an all beverage license at this location. Had it not been for a
parent who came across the information, we would have no knowledge of this endeavor from the self-
proclaimed "family friendly" neighbors.
I don't feel I have to reiterate how awful and dangerous our parking situation is at Hawthorne. I feel an
absolute difference this year in the ability to drop off and pick up my kids safely. I have to either come
to school 45 minutes early and wait or park 2-3 blocks away. I realize we have construction on 2 sides
of the school, but the customers of the Taproom also utilize the parking in front of the school during
school hours, as I have personally witnessed. Granting a modification to the existing CUP would only
add to the congestion and the danger of the intersections as there will be an increase in customers at
this business. The owners even suggest having Food Trucks. Where do they feel they will
accommodate food trucks safely as they have very little street parking, let alone an actual parking lot?
This idea, in itself, will draw more cars and people into the area, creating yet another hazard where
small children are every day.
I realize that Hawthorne has many restaurants and bars in close proximity, but NONE of them are
directly across the street in full direct view of the students. My fourth grader can actually sit in her
class room and wave to the patrons drinking on the roof top deck. According to Commissioner Mehl,
Hawthorne should have realized the district in which we built in the 30's would lend itself to the
situation we are in today. Many changes have transpired in almost 90 years and I would argue we
know a lot more about alcohol, it's dangers and how it affects behavior then we did 90 years ago! No
other establishment has such direct impact and interaction with the elementary school kids like the
Taproom and their patrons do. The roll up garage doors that face east to Hawthorne and the open air
roof top deck also facing Hawthorne, allow patrons, who can start drinking alcohol at 11 am on a
school day, to interact with kids 5-12 years old. I am astounded that I have to point out how ludicrous
and harmful this would be. Our children are bombarded every day with choices and now the City of
Bozeman will put in front of them yet again, another choice except, we won't know the consequences
of these choices for years to come.
Lastly, I would like to point out the precedent that this will set for future establishments serving
alcohol in relation to all schools. Hawthorne, like many other schools in the Bozeman School District
such as Whittier and Bozeman High School are in commercially zoned districts and could, in fact, be
facing the same situation Hawthorne is in now, having a bar located less than 100' from children with
direct interaction and influence on them.
Accepting this modification isn't just a moral dilemma, it's a legal one too. State of Montana law 16-3-
306(1) M.C.A. prohibits sale of alcoholic beverages within 600' of a school or church. The law also
speaks to local municipalities being able to grant an exemption if the church or school agrees.
Hawthorne Elementary clearly does not agree with an exemption. The spirit and intent of this law was
clearly violated when the Taproom applied for and was granted an address on Mendenhall when at
that time Hawthorne's address was still on N. Rouse. Hawthorne's address will in fact be Mendenhall,
as they have applied for a new address as per the original plan when they decided to renovate in mid
2015. 1 would argue that the City of Bozeman and the Commissioners had full knowledge of
Hawthorne Elementary's renovation plans to move the address previous to the Bozeman Taproom
ever applying for a CUP. While no one is arguing if a glass of beer or wine enhances the dining
experience, we are in fact arguing that the proximity and the absolute unobstructed view to this bar
from the elementary school is alarming and unlawful to say the least. I am asking the City
Commissioners to not modify the Taproom's CUP to allow an all beverage license. I am also asking that
the Taproom be required to limit the hours in which they can serve alcohol to, after school hours
during the school year, and also limit the visual exposure to alcohol consumption by modifying the
existing structure with screens to the roof top deck, roll up garage door and sidewalk patio.
It is not in the best interest of the Bozeman Community nor the young students of Hawthorne
Elementary for an all beverage liquor license to be issued to the Bozeman Taproom.
Sincerely, 11
W ,
Julie . Collins