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HomeMy WebLinkAbout01-11-18 Public Comment - D. Weiss - Sale of Beer and WineFrom: Dave Weiss To: Agenda Subject: Public Comment on sale of Beer and Wine in Bozeman. Date: Thursday, January 11, 2018 11:59:05 AM Attachments: Commments For City.pdf To Whom It May Concern. Please see attached PDF file. Please let me know if this is not readable and I will submit through the website form… Thank you. Dave Weiss Dear City Commissioners, City Attorneys, and City Staff, My Name is Dave Weiss, I am the founder of Dave's Sushi and also an owner of Jam Fusion, both in Downtown Bozeman. I am commenting on the modification of city code to more generally allow the sale of beer and wine in Downtown Bozeman, or possibly on a more city wide basis. I would like to thank all of those who have already been involved with me on this issue for going above and beyond my expectations to allow this to be addressed in such a timely manner. I was fortunate enough to win a City Beer License (which allows for adding a “Wine Amendment” if the licensed establishment operates as a restaurant) in the recent lottery. My intention is to open a restaurant, using this license, at 19 S. Willson, in the Downtowner Building. This location has been sitting empty for approximately 4 months, but for the 18 years prior, that has been the home to 2 different restaurants (Over The Tapas and Sweet Pea Cafe), both which served beer and wine for the previous 18 years. Unfortunately, despite the fact that beer and wine has been sold at that location for 18 years, that location is less than 600 feet from, and on the same street as, a church and Montana State code MCA 16.3.306 prohibits the sale of any alcoholic beverages, including beer and wine, at a location less than 600 feet from a church or school (known as “the proximity rule”). As allowed by state law (MCA 16.3.309), a local government may modify the above proximity rule. Bozeman Municipal Code 4.02.020, written in 1999, provided only for establishments with Restaurant Beer And Wine (“RBW”) (also known as “Cabaret”) licenses to operate anywhere in the city where alcoholic beverages are allowed to be sold, regardless of the proximity of the establishment to a church or a school. Please note that because of the “and on the same street as” clause in the proximity rule, a licensed establishment may operate next door from or across the street from a church or a school, as long as the street addresses are on different roads. Whereas the location I would like to operate is almost 2 full blocks away the closest church on the same street, but still fails the state's proximity rule. I am requesting that the city allow the sale of Beer and Wine for any licensed establishment, regardless of their proximity to a church or school. MCA 16.3.309 allows for the city to do this. This could be accomplished by simply adding a phrase such as “nor to those owning city beer licenses with wine amendments” to the existing language in Bozeman Municipal Code 4.02.020. Another suggestion, if the city would like to be more specific geographically, but more general with the type of establishment allowed to operate, would be for the city to add a new municipal code, similar to 4.02.020, that simply allowed any state licensed establishment to sell beer and wine in the B3 (Central Business District) Zoning area, or any other zoning area that pleases the city. There has already been some discussion between the commission and the city attorney of the differences between a City Beer License With Wine Amendment and a Restaurant Beer And Wine (“Cabaret” or RBW) License, so to help alleviate some confusion, I have included the differences after the close of this letter. In conclusion, please note that the state of Montana has many different types of licenses that allow for the sale of alcoholic beverages, some of which are not bound by the proximity rule. As such we currently have both beer and hard liquor being served on Main Street less than 600 feet from a church. In addition, given this proximity rule, and the location of several churches downtown, a large portion of Downtown Bozeman is currently “off limits” for an individual with certain state licenses to create an establishment in the Central Business District that would contribute to a thriving Downtown Bozeman. So ultimately, I am requesting that the city create a more fair and appropriate situation by amending or adding city code to allow those people who are lucky enough to obtain a license from the State Of Montana to sell beer and wine to actually create a business that sells beer and wine in the City Of Bozeman. I believe that this will help to contribute to a thriving Downtown and wider City Of Bozeman. My personal situation is particularly time sensitive, given the state's schedule of issuing this license to me for this location. Any assistance in a quick resolution to this matter would be additionally appreciated. Thank you for your consideration. Sincerely, Dave Weiss [Please see discussion of licensing differences below] A City Beer License is for beer only. One can add a “wine amendment” to it, making it a “City Beer License With Wine Amendment”. Adding a “wine amendment” requires the establishment to sell food (i.e. operate as a restaurant, as defined in Montana code). Without the “wine amendment”, no food need be served while operating a City Beer License.. All limitations to sales for a City Beer License With Wine Amendment also exist for RBW Licenses. Other limitations to RBW License that do not exist for the City Beer License With Wine Amendment: RBW Licensed establishment total yearly sales must be 65% from food. RBW Licensed establishment may not sell beer and wine to any party without food. RBW Licensed establishment may only serve beer and wine between 11am and 11pm. RBW Licensed establishment may not sell beer or wine for off-premises-consumption (to go). RBW Licensed establishment must have a “service bar”, that is, an area for preparing beer and wine that is separate from the physical bar where patrons sit.