HomeMy WebLinkAbout03-27-17 Public Comment - S. Spitler- TapRoomDear Commissioners:
Please oppose the Taproom’s request for a full liquor license. I invite the commission to be the leaders
they are meant to be for Bozeman and all of it’s citizens including the children.
Here are four reasons why:
1. A business address should not be allowed to change for the sole purpose of circumventing the
law.
The City of Bozeman approved a CUP for beer and wine based on an application from the Taproom
submitted in November of 2015 which included their Development Review Application with both the 101
N. Rouse and 321 E. Mendenhall addresses (see page 233 of the city’s report). Attached was a letter
from the Bozeman Public Schools addressing the 600 feet between the school and the proposed bar, but
the city chose to ignore the 100 N. Rouse address and instead let the Taproom use its 321 E. Mendenhall
address and issued the permit. That address was never included in the application for a license to the
state. Now the Taproom, wants to try using the 100 N. Rouse address to circumvent the law again. On
Sunday, March 26, 2017, the Bozeman Daily Chronicle quoted Taproom owner Eric Cade as claiming,
“This building has two addresses and we can change the address back and forth as many times as we
want.” This charade is fraudulent and should be stopped not endorsed by the city. Is this business
behavior the city really wants to be condoning? This is an opportunity for the city to lead the
business community too and provide guidance and light on good citizen behavior. Businesses are
an important part of our community but they need leadership too.
2. Allowing hard alcohol to be served significantly alters the current use of the site and is not in
compliance with the original plan.
The Taproom’s Development Review Application (again see page 233 of the Nov. 2015 city report) states
“Beer and Wine” under description. Nowhere in the 64 page document is a full liquor permit mentioned.
According to both the Taproom website and Facebook page, “The Bozeman Taproom & Fill Station will
provide Bozeman with the best, most diverse, selection of beer and wine available. Our vision was born
to provide locals and visitors a unique beer and wine drinking experience…We do not brew beer, we will
simply serve what we feel is the very best beer and wine available to us in Montana - a taproom not a
brewery. We will not be restricted by the pour limits or operating hours our breweries are bound to. We
will be able to serve an unlimited number of pints, pitchers, growlers and glasses of beer and wine to
thirsty locals and visitors…We will provide this community with something many others have wanted in
this town for a long time. A local community mountain sports beer bar!
Moreover, during the November 2015 City Commissioners meeting where a CUP for the Taproom to
serve beer and wine was approved, disregarding concerns stated by the School Board, there was never
any discussion of hard alcohol. This is very clearly an altered use.
Hard alcohol attracts a different clientele than beer and wine drinkers, allows patrons to become
intoxicated more quickly based on higher alcohol content, and changes the business from what it is
advertised, claiming and reputed to be. According to City of Bozeman criteria in regard to change in use,
the Taproom application for a full liquor permit does not meet criteria number 3 regarding unsafe or
hazardous conditions associated with the proposed use of the property. The Taproom impacts the
emotional health and safety of Hawthorne school children as was demonstrated in December through
letters and testimony.
3. Due to the altered use and address change several modifications should be required to the CUP
for the Taproom to serve any alcohol.
Back in December you already heard many of the arguments why allowing alcohol consumption and in
considerable view of elementary school students is detrimental to the social and emotional health and
well being of these children. The following are conditions which are necessary to protect the general
health, welfare and safety of Hawthorne Elementary School children. Please refer to Chapter 38, No. 3 of
Bozeman Municipal Code for the suggested, but not limited list of modifications the city may require for a
CUP for conditions that are “deemed necessary to protect the public health, safety and general welfare .”
Here are some suggestions relating to several items on that list that should be required during the
school year:
a. Regulation of use.
Use for the sale of hard alcohol was never an allowed use. It should be regulated to only during no-school
hours, after 5:30 pm Monday through Friday and on weekends.
b. Special yards, spaces and buffers
Visual buffers such as blinds over the bar windows should be required should be required during school
hours, 8 am until 5:30 pm, Monday through Friday.
c. Special fences, solid fences and walls
A solid fence or wall should be constructed on the east side of the rooftop bar facing the school.
j. Regulation of hours for certain activities
No alcohol should be served during school hours, Monday through Friday 8 am-5:30 pm.
4. Montana law supports the notion that an alcohol license is not a right, but a privilege, and cities
may enact ordinances relating to this as they see fit whether or not an application is pending.
For a similar case where the City of Whitefish adopted an emergency ordinance to protect a school that
was within 420 feet of a business seeking an alcohol license, refer to Germann v. Stephens
2006 (http://caselaw.findlaw.com/mt-supreme-court/1477073.html). The Montana Supreme Court upheld
the earlier District Court’s ruling and the rights of the city.
Here are some relevant parts of the Montana Supreme Court’s ruling:
Section 16-4-401, MCA, outlines the necessary criteria for obtaining a liquor license in Montana. That
section states that a “license under this code is a privilege that the state may grant to an applicant and is
not a right to which any applicant is entitled.” Section 16-4-401(1), MCA. The statutory scheme provides
broad discretion to DOR to determine whether an applicant qualifies for a liquor license. For example, §
16-4-405(3)(a), MCA, provides that DOR may not issue a license if it determines that the welfare of the
people residing in the vicinity of the premises would be adversely or seriously affected by issuance of the
license.
Moreover, Germann cannot assert that she ultimately was entitled to a liquor license. The statutory
scheme explicitly states that receipt of a liquor license is not a right, but a privilege. Section 16-4-401(1),
MCA. The legislature vested DOR with discretion when determining whether an applicant qualifies for a
liquor license. Germann accordingly did not enjoy an entitlement to a liquor license.
¶ 32 The mere fact that Germann had applied for a liquor license at the time that the City had enacted the
Ordinances did not guarantee she would receive such an entitlement. We rejected a similar claim in
Seven Up Pete where a mining company in possession of a State mineral lease argued that its
application for a mining permit provided it with a protected property interest.
Clearly these business owners do not have any interest in looking out for the concerns of the children
attending Hawthorne school, their parents, school administrators, the Bozeman School Board, or
concerned Bozeman citizens. None of the three owners from the Taproom have acknowledged anyone’s
concerns, but instead are attempting to circumvent state law. Do the right thing by both the children of
Hawthorne Elementary School and Montana State Law and deny the Taproom’s request for a CUP to
serve hard alcohol and require any new permit for beer and wine to have the suggested modifications.
Thank you for your consideration.
Sincerely,
Shawnee Spitler
Bozeman, MT
----- Forwarded Message -----
From: Shawnee Shahroody Spitler <shawneespitler@yahoo.com>
To: "agenda@bozeman.net" <agenda@bozeman.net>; Carson Taylor <ctaylor@bozeman.net>;
"candrus@bozeman.net" <candrus@bozeman.net>; "cmehl@bozeman.net" <cmehl@bozeman.net>;
"ipomeroy@bozeman.net" <ipomeroy@bozeman.net>; "jkrauss@bozeman.net" <jkrauss@bozeman.net>
Sent: Monday, January 9, 2017 4:44 PM
Subject: Hawthorne/Taproom- suggestions for conditional use permit
Dear Commissioners,
As the parent of a 3rd grader and 5th grader attending Hawthorne school, I
am concerned about the impact of a bar serving beer and wine across the
street from my children's school. I expect the City Commissioners
to support a safe learning environment for all of Hawthorne students.
Allowing a bar serving alcohol during school hours (serving begins at 11:00
am) within 100 feet and directly visible from my children's classroom
windows is of great concern. I shared my concerns both in person at the
city commission meeting on 12/19/16 and via email.
It has (very) recently come to my attention that the Taproom is seeking
renewal of the existing beer/wine permit today, 1/9/17. I am hopeful that
the city commissioners will use this as an opportunity to establish specific
conditions of use for the permit for business operations as part of
the renewal process. It is my hope that the implementation of condition
modifications will help the business be a consciousness neighbor to
Hawthorne School, and also be supportive of the learning community.
Suggested modifications to conditional use of existing beer/wine
permit for Tap Room:
1. Install dense screens on rooftop deck to block view of alcohol
consumption/patrons during school hours (11:00 am – 5:30 pm)
2. Keep all garage doors on Rouse closed during school hours (11:00 am
– 5:30 pm)
3. No music on roof top deck or outside speakers during school hours
(11:00 am – 5:30 pm)
4. Alcohol deliveries (kegs) must park and be delivered through front door
on Mendenhall (not visible to Hawthorne classrooms, Hawthorne parking
spots utilized by Hawthorne parents/guardians)
5. Clean all sidewalks each night and each morning to clear environment
of garbage and filth
Thank you for your time and consideration of my email- please let me know
if you have any questions. I apologize that I won't be able to be at the
meeting tonight, I have previously scheduled obligations.
Thank you,
Shawnee Shahroody Spitler