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HomeMy WebLinkAbout1947-03-26 I I I Bozeman, Montana March 26th, 1947 459 The Commission of The Cit;-r of Bozeman met in regular session in the Commission Room, City Hall Building, Wednesday afternoon, March 26th, 1947, at 1:00 o'clock P.M. Those being presrmt were Mayor Healy, Commissioner Sorenson, Commi::l1"ioner Lowe, City lV"anager Quhmell, City Attorney Aitken, Dir8ctor of Finance Walter Davis and the Clerk, when the following proceedings were had to-wit: The minutes of the last regular session were read, ancl it was moved by Commissioner Lowe, seconded by Commissioner Sorenson that the minutes be approved as read, and the motion was carried by the following Aye and No votes; those voting Aye being Mayor Healy, Commissioner Sorenson and Commissioner Lowe; those voting No, none. Arlditional Beer ~. Liouor Licenses The Manager stated that this was the time and place set by the City r,ommifsion to hear from local citizens regarding the issuing of additional beer and liquor licenses within the City. He presented the applications for beer & liquor licenses on file with the City and also prc~ented certiftf'd copies of the state law ref':lJlating beer ann liquor licenses 8.pprov- ed b7 the recent lep:lis 10 ture. Rev. L. ~. Onstad, President of the Bozeman Ministerial Association, spoke on behalf of hi s orgoniza tion s ta ting he represented six local churches wi th a total congre~a tion of approxima tely 2000 persons, and sta ted that he had also been requested to speak for the First Church of Chri8t Scientist. He stated that his organization was opposed to the issuing of any additional beer or liquor licenses within the City, saying th8t Bozeman was a Ci ty of which we can well be proud; a ci ty for vacationists, wi th no high crime rate; no red li~ht district and a comparatively little juvenile delinauency, and our children can Q'O ou tat ni<:rht and return wi th safety. He said tha t if too many addi tional bars are allowed in Bozeman parents will not want to send their children to Bozeman to attend Montana State ColleQ'e, which at present has the 18rfest nnrollment in its history, and that his organization feels that elrht retail licenses and five clubs licenses are suf- ficient for The City of Bozeman, and thAt liquor will be more readily availnble for minors if additional licenses are gr8nted. Rev. Onstad referred to the State Law which provides that no liquor licenses shall be granted which shall be on the same street or avenue and within 600 feet of a church or place of worship, and stated that the Reading Room of the First Church of Christ Scientist is located at 16 South Tracy and a liquor license has been issued by the Sta te Liquor Control Board to opera te a bar a t the corner of Main and Tracy Avenue a distance of about 205 feet from this Reading Room which was established January 1st, 1945. He said that the buildIng isowned and operated by the First Church of Christ Sciertist, and only relip-ious meetings are held there, prayer is offered, and it is there- fore definitely a building used exclusively for a place of worship. It is thought evident- ly the location of a bar at Main and Tracy was not thoroughly investigated before a state license was issued and th8t therefore the Ministerial Assiciation feels that in order to protect the public intere~t a more careful investi~ation should be made prior to the is- suance of any additional licenses in and for The City of Bozeman. Mr. .T. H. :tvtorrow speaking on behalf of the local retail liquor dealers wi thin the City reviewed the decisions of the Supreme Court regarding the cities' authority to re0'lJ- late the number of liquor licenses issued within their city, statinrr that the last decision Ad;::urnment "There being no further business to come before the Commission at tbis time, it was moved by Com. Lowe', seconned by COT". Sorenson tha t tIle meeting ad-iourn and the motion was carried; those va ting Aye be ing Heal y, Sorenson and Lowe; tho se vo tin['; No, none. At te s t: ~~ 460 of the Supreme Court was that the cities had no authority to regulate the number of licen~es issued and thet the two applicants now heading state licenses and not City of Bozeman licenses applied for state licenses before the present law, already going through the legisla ture, was adopted, and tha t this was probably done so they would not be refused a license under the present law which limi ts t.he number of such retail licenses within cities and towns. He called attention to the fact th':;t the applications pre- sented to the City were not made properly because the applicant did not have a state license at the tIme the applications were mi1de; and st,g,ted that proper investi!ation would It was decided after considerable discussion to defer action until the City At- torney can find OlJt about the construction of the law regard~n(! the issuance of these two licenses prior to the final approval of the present law, and also as to the inter- pretation of the language in the present law relative tb places used exclusively for reliaious worship. Petition for Improvement DistrIct A petition for a special improvement district to extend the water main on North C Tracy from Aspen to Tamarack Street was presented and read. It was moved by ommissioner Sorenson, Aeconded by Commis sion er Lowe tha t the Ci ty A ttorney be ins truc ted to preps re the resobltion of Intention to creatr the district and the motion was carried by the fol- lowing Aye and No vote; those voting J\'ye be'ng Mayor Healy, Commissioner Sorensnn and Commi8fioner Lowe; those vot:1ng 1\0, none. Applic8tions for City Licenses 'lhe followin(J' applic8 tions for Gi ty Licenses were presented and read: Yellowstone poster Advertising Co. Snack Shack It was moved by Commissionpr Lowe, seconded by Commi~sioner ~orenson that the appli- cations be approved and the licenAes issued and the motion was carried b;J the following Aye and No vote; thORe votin7 Aye being ~layor Healy, Commissioner Sorenson and Commissioner Lowe; those vntinr No, rone. Applic~tion for Sale of Beer S8 fewa ys The applicqtion of the Safeway Store #l95, at 210 East Main Street to sell beer for off-premises consumption was presented and read. Action was deferred until a state license is obtained. Com@lnication -- American Leginn A commlJnlc8tion from the American Le~ion G~llatin Post No. 14, stating that living conditions at the North Tracy Housing Project were not pleasant due mainly to mud and the inaccessibility of the units, and cRlllnp! attention to the City's agreement in the lease with the American Legion particularly the need for iWEediate grad:ng. It was reported that it was impossible to do any grading or gravel work on the project at this time, but that as soon as weather conditions permit t[,e work W0111d be started. May I .. I I