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HomeMy WebLinkAbout03-27-18 Public Comment - J. Harris (Bozeman Spirits Distillery) - Alcohol RadiusFrom:Jim Harris To:Agenda; Jeff Krauss; Cyndy Andrus; Chris Mehl; Terry Cunningham Subject:Public Comment for 600 foot rule - City Commission Date:Tuesday, March 27, 2018 8:03:56 AM Alcohol ZTA 18097 (Rogers) Public Hearing: Zoning Commission March 20, 2018 City Commission April 2, 2018 March 20, 2018 Commissioners, Having attended the Zoning Commission meeting, March 20, 2018, I would urge the Bozeman City Commission to work towards supplanting the 600 foot rule in relation to churches, not schools. In reference to the city looking into waiving the Montana State Code 16-3-306, which is a 600 foot rule restricting certain alcohol type license within places of worship/churches and schools. I commend the city in reviewing a way to remove this antiquated rule for our downtown corridor, more specifically the B2m and B3 areas. I am in full agreement this rule needs to be updated, and more specifically, removed from the downtown corridor all together. As shown in the staff report map on page 5, there are a considerable amount of areas/buildings and property affected by this rule. The state does allow the city to supplant the 600 foot rule, per Montana State Code 16-3-306. Downtown is a vibrant entertainment and shopping scene. I am an owner of two businesses downtown as well as real estate. When we were first searching locations downtown, the old Schnees building was at the top of our list. Luckily, we were able to secure a long term lease and through the city commission with a 5-0 vote, a CUP for selling alcohol. To help you better understand how some of the State of Montana liquor licensing works, the Distillery and Brewery located at 121 W. Main St are exempt from the 600 foot rule. Backcountry Burger with a Restaurant Beer & Wine license, which is located closer to the church, is also exempt. Backcountry Burger’s Restaurant Beer and Wine license is exempt because the original owner of the building and business, Ty and Carla Hill wanted to operate John Bozeman’s Bistro there(moved from further east on Main). They spoke with the city and were able to get Restaurant Beer and Wine licenses exempt from the 600 foot rule through the city back in 1999. Just east of the distillery is the Baxter Hotel, also within 600 feet of the church. They have a full liquor license and operate two bars and restaurants as well as a ball room with a bar. One more building over is the Cannery, which also has a full liquor license and is within 600 feet of the church. Dave Wise is looking to put a Beer and Wine license in the old Over the Tapas restaurant located at 19 S. Willson. Within 6 months there was a Restaurant Beer and Wine license, but Dave has a slightly different license that doesn’t require food to be served. Aren’t liquor license in Montana fun! So, moving along, I would like the ability to put a full liquor license in both the Distillery and Brewery located at 121 W. Main St. We already have a CUP to sell alcohol. Our goal is to remain a Distillery and Brewery and sell our own products that are made on site. The positive for us is that it will lengthen our hours we can serve our customers. Much needed for the tourists and locals during the summer months when it is still light out at 10pm! We could then add a restaurant, serve cocktails and beer after 8pm. Right now, we have to close at 8pm and not serve anymore alcohol. This doesn’t work well for the downtown locations and business plan long term. Currently, a business associate has a Full liquor license under contract for our location. We have to update some our bonded space for this license, but we are allowed under the Montana DOR Liquor Licensing Laws to do this. I can further explain the process if needed…fairly lengthy. We already have an approval letter from the Catholic Church and their lawyer, granting us permission to change from a Distillers and Brewers license to a Full Liquor License. Further, the law (3) subsection (1) already allows for the sale of off premise alcohol in original packaging already, so in essence, all we are asking for is permission to stay open later…that’s what the 600 foot rule exemption would give us… more business and more employee hours worked. We would also add the restaurant and increase jobs by 15-20 staff! Over the past month I have spoken and or met with several commissioners and city staff about this. I have heard nothing but positive thoughts and there have been no negative comments at the original commissioners meeting as well as the zoning meeting this week. I ask that you move forward with an exemption of the 600 foot for all types of Montana Liquor Licenses that are within 600 feet of places of worship. I know there has been some heated issues with one location across from a school, and keeping schools within the 600 foot exemption not exempt, you can bypass any difficulties/emotions you and others may feel. Keep in mind, the city still has the authority not to grant a CUP down the road. So, allowing all license types is way more easier to understand than trying to rewrite liquor rules for one license, then having to go through this process another 30 or so times with all the different license types in Montana. As one of the members of the Zoning Commission said “Consolidate the liquor laws”. In conclusion, I am asking you to remove the 600 foot rule in the B3 and B2M downtown Bozeman corridors for all types of Montana Liquor Licenses. This would include licenses such as Beer & Wine and Full Liquor. Also, please remember, the state only allows a certain amount of all liquor license types for each city and county, so there is an extremely limited amount of license available. Thanks for your time and please reach out to me with questions or concerns. My family, employees and customers are all hoping we can make this happen. We are committed to downtown Bozeman and keeping it a vibrant, fun and enjoyable place to be. Jim Harris Bozeman Spirits Distillery 121 W. Main St Bozeman, MT 59715 jim@bozemanspirits.com -- Jim R Harris Bozeman Spirits Distillery406-581-7777 www.BozemanSpirits.com