HomeMy WebLinkAbout03-22-17 Public Comment - A. Willett & R. Watson- TapRoom Robert J. Watson, Ed.D.
Bozeman Public Schools Superintendent
1 % 404 West Main,P.O.Box 520 Phone: (406)522-6001
Bozeman,MT 59771-0520 Fax: (406)522-6065
www.bsd7.org robert.watson@bsd7.org
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March 20, 2017
MAR 22 .20171�
TO: City of Bozeman, Department of Community Development F iDEFA
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P.O. j
P.O. Box 1230 Gomm DFVEZU��I�(N 1
Bozeman, MT 59771-1230
FR: Bozeman School District
RE: Bozeman Taproom Modification— 16475
Dear City Commission,
Attached to this memo is the letter that was approved in December 2016 by our Board of Trustees
regarding the original request for modification by the Bozeman Taproom. Please accept this letter from
our Board as the official comment by the Bozeman School District for the current modification application
#16475 for the public hearing scheduled March 27, 2017.
Thank you,
-I§j wL—,
Rob Watson
Superintendent
Andy Willett,Chair
Heide Arneson,Vice Chair
1i
Douglas Fischer
' Bruce Grubbs
Gary Lusin
Tanya Reinhardt
Wendy Tage
Board of Trustees Sandra Wilson
Bozeman Public Schools
404 West Main,P.O.Box 520 trustees@bsd7.org
Bozeman,Montana 59771-0520
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 of the 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. The expansion 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 a
school. In addition, the Trustees request the Commission to make modifications to the existing conditional use
permit to limit visual exposure to any alcohol consumption during school 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. Hawthorne Elementary 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 been moved during renovation,the District has already made application for an address
change from Rouse to Mendenhall.) State Statute prohibits sale of alcoholic beverages within 600 feet 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 the customer,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 an all 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 conditional use 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 has very 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 effect
of 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 the large 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 clear line-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 on the 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 children in
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/or restrictions 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 school year. 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 and consumption 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 effect of 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
application to 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