HomeMy WebLinkAbout03-28-18 Public Comment - D. Weiss - Alcohol RadiusFrom:Dave Weiss
To:Agenda
Subject:Public Comment on Proposed Ordinance 1999
Date:Wednesday, March 28, 2018 8:32:56 AM
Attachments:Public comments-3-27-18.pdf
Approval of Bozeman United Methodist Church for new restaurant.pdf
To Whom It May Concern.
Please see attached PDF files. The first is my personal comments on agenda item for Monday 4/2’s meeting. The
2nd is an email from the Pastor of Bozeman United Methodist Church supporting changes to the proximity rules. I
previously submitted letter from the Pastor as public comment, but wanted to re-submit it as a reminder of the
support of this local church.
Thank you.
Dave Weiss
My name is Dave Weiss and I reside at 904 S. Black Ave.
My comments are in regard to proposed Ordinance 1999 amending Sections 4 & 38 of the Bozeman
Municipal Code.
I have previously submitted more detailed suggestions on this ordinance, but here I will try to offer a much
more succinct overview of my opinions.
Firstly, I support all of the proposed changes to section 4.
However I suggest that the city choose to strike all of the restrictions proposed in 38.360.060(2) and allow a
City Beer License With Wine Amendment to operate anywhere in the B3 and B2M districts as the licenses
were intended by the state.
38.360.060 (2) could simply read:
“2. Restaurants located within the B-2M and B-3 zoning districts if the restaurant serves alcohol on
premise only pursuant to a state issued beer license with wine amendment”
Please note that ARM 42.13.1104 (2-b) says an establishment must be a “restaurant” to have a city beer
license with wine amendment, so further defining a restaurant is unnecessary. In addition, some of the
proposed restrictions are already state-level restrictions on this type of license, making them redundant.
The issue of enforcement must also be considered. How does the city plan on devoting the time, money and
personnel resources to monitor and enforce these restrictions?
However, if some restrictions are desired, keeping the gambling/gaming restriction and limiting hours of the
sales of beer and wine from 9am to midnight would not be unreasonable. These 2 minor restrictions would
also not take significant city resources to enforce. But please note that any restrictions will create 2 separate
“subzones” within the B3 and B2M districts for the service of beer and wine. This is confusing for potential
downtown and midtown business owners, as well as being counterproductive for the city's intention of
making the B3 and B2M districts thriving retail and entertainment areas that are the backbone of a successful
Bozeman. Not only does this impact current and future owners of licenses trying to start out in the B3 and
B2M districts, it also discourages an establishment that may already exist outside of these districts from
relocating to Downtown or Midtown.
In conclusion, I suggest that the city choose to strike all of the proposed restrictions and allow a City Beer
License With Wine Amendment to operate anywhere in the B3 and B2M districts as the licenses were
intended by the state.
These licenses are expensive to buy and difficult to attain, any further restrictions on these licenses only
make it more difficult for a person to open a successful establishment that would be beneficial to the B3 and
B2M districts.
Thank you for your consideration.
Sincerely,
David Weiss
From:Deborah Christine deborah.christine@me.com
Subject:Approval of Bozeman United Methodist Church for new restaurant
Date:February 2, 2018 at 2:16 PM
To:dave@daves-sushi.com
To Whom it might concern:
Dave Wiess contacted the Bozeman United Methodist Church (BUMC) at 121 S. Willson Ave., Bozeman, MT, to request approval for his new
restaurant. He indicated that he plans to serve beer and wine along with a full menu. He asked that I might write a letter representing the
church in approving his endeavor.
I have spoken with our Trustee Committee and they agree that we have no objection to his restaurant or his intent to serve alcoholic
beverages. The previous restaurant also served alcohol and we did not experience any problems.
BUMC wants to support local businesses and cooperate to make Bozeman a welcoming and attractive city.
Please do not hesitate to call or email me if you have any further questions or concerns.
Blessings,
Pastor Deb
Rev. Deborah Christine
Bozeman UMC
406-586-5413
deb@bozemanumc.org
www.bozemanumc.org
“Let me be Christ’s hands, heart and spirit in the world”
Beth A. Richardson