HomeMy WebLinkAbout04-02-18 City Commission Packet Materials - A1. Ordinance 1999 Provisional, Alcohol Service Separation StandardsPage 1 of 13
18097, Staff Report for the Alcohol Service Separation Exemption Standards
in the B-3 and B-2M Districts Zone Text Amendment
Public Hearing Dates: Zoning Commission, March 20, 2018
City Commission, April 2, 2018
Project Description: Zone text amendment limiting the restrictions set forth in 16-3-
306(1), Mont. Code Ann. for certain restaurants holding a State issued Beer with
Wine Amendment alcohol license. The amendment only applies to restaurants within
the B-3 and B-2M zoning districts.
Project Location: These amendments apply to properties within the B-3 (Central Business
District) and B-2M (Community Business Mixed-Use District) as detailed in the text.
Recommendation: Approval
Zoning Commission Recommended Motion: Having reviewed and considered the
application materials, public comment, and all the information presented, I hereby
adopt the findings presented in the staff report for application 18097 and move to
recommend that the City commission adopt Ordinance 1999 the Alcohol Licenses for
Beer with Wine Amendments exemption text amendment.
City Commission Recommended Motion: Having reviewed and considered the application
materials, public comment, Zoning Commission recommendation, and all the
information presented, I hereby adopt the findings presented in the staff report for
application 18097 and move to provisionally adopt Ordinance 1999 the Alcohol
Licenses for Beer with Wine Amendments exemption text amendment.
Report Date: February 5, 2018
Staff Contacts: Tom Rogers, Senior Planner
Agenda Item Type: Action – Legislative
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18097, Staff Report for Alcohol Exemption Separation Standards Text Amendment Page 2 of 13
TABLE OF CONTENTS
EXECUTIVE SUMMARY ...................................................................................................... 2
Project Summary ................................................................................................................. 2
Unresolved Issues ............................................................................................................... 4
Zoning Commission Recommendation............................................................................... 4
City Commission Alternatives ............................................................................................ 4
SECTION 1 - MAP SERIES .................................................................................................... 5
SECTION 2 - RECOMMENDATION AND FUTURE ACTIONS ........................................ 8
SECTION 3 - STAFF ANALYSIS AND FINDINGS ............................................................. 8
Section 76-2-304, MCA (Zoning) Criteria ......................................................................... 8
PROTEST NOTICE FOR ZONING AMENDMENTS ......................................................... 12
APPENDIX A - PROJECT BACKGROUND ....................................................................... 12
APPENDIX B - NOTICING AND PUBLIC COMMENT .................................................... 13
APPENDIX C - APPLICANT INFORMATION AND REVIEWING STAFF .................... 13
FISCAL EFFECTS ................................................................................................................. 13
ATTACHMENTS ................................................................................................................... 13
EXECUTIVE SUMMARY
Project Summary
Local business owners have inquired as to the effect of the City’s exemption from the State
of Montana’s restriction regarding licensing of retail alcohol establishments within 600 feet
of a school or church1. The State currently has over 30 different types of alcohol licenses.
1 16-3-306. Proximity to churches and schools restricted. (1) Except as provided in subsections (2) through (4), a retail license may not be issued pursuant to this code to any business or enterprise whose premises are within 600
feet of and on the same street as a building used exclusively as a church, synagogue, or other place of worship or as a school other than a commercially operated or postsecondary school. This distance must be measured in a straight line
from the center of the nearest entrance of the place of worship or school to the nearest entrance of the licensee's
premises. This section is a limitation upon the department's licensing authority.
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Sect. 16-3-306(4), MCA, authorizes a local government to supplant the 600-foot rule. The
City of Bozeman has done so through adoption of 4.02.020.B, BMC2 but only for restaurant
beer and wine license holders. The City has not provided for an exemption from the State’s
distance rule for any other license type. On February 5, 2018 the City Commission directed
staff to begin an amendment process to consider alterations to the exemption standard.
City staff have studied the issue, inquired about the alcohol licensing process with the State
of Montana, and analyzed through Geographical Information System (GIS) the appropriate
locations for an additional exemption to be permitted with conditions. Section 1, Map Series,
includes illustrations showing the location of current alcohol license holders in the B-2M and
B-3 districts. Currently 13 restaurants with a beer and wine license qualify for the exemption.
Representatives from the State Department of Revenue, the agency assigned to regulate the
sale of alcohol, estimate that in the future there may be only a few additional alcohol licenses
issued per year for the Bozeman area.
The Ordinance, as drafted, would amend the municipal code to allow holders of a State
issued Beer with Wine Amendment alcohol license to qualify for the Bozeman local 600-foot
rule exemption through the appropriate permitting process. In addition, businesses operating
with this alcohol license must meet and continue to meet the standards associated with a
Restaurant Beer & Wine license. These standards are detailed in Section 2 of Ordinance No.
1999 and include hours of operation, food must be the primary revenue generator, gambling
is prohibited, and alcohol can only be sold to patrons who order food.
(2) However, the department may renew a license for any establishment located in violation of this section if the licensee does not relocate an entrance any closer than the existing entrances and if the establishment:
(a) was located on the site before the place of worship or school opened; or
(b) was located in a bona fide hotel, restaurant, or fraternal organization building at the site since January 1,
1937.
(3) Subsection (1) does not apply to licenses for the sale of beer, table wine, or both in the original package for off-premises consumption.
(4) Subsection (1) does not apply within the applicable jurisdiction of a local government that has supplanted
the provisions of subsection (1) as provided in 16-3-309.
2 Sec. 4.02.020. - License; exceptions.
A. The sale of alcoholic beverages is permitted only in districts authorized in chapter 38 of this Code to allow such
sales.
B. The limitations set forth in MCA 16-3-306(1) do not apply to restaurants holding a "restaurant beer and wine license" also known as a "cabaret beer and wine license" nor to those owning a "catering endorsement" as those
terms are defined in the Montana Alcoholic Beverage Code. However, nothing in this article shall be construed to allow the business license to be unilaterally approved and all must apply for and receive a conditional use permit as set forth in chapter 38 of this Code.
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Unresolved Issues
None identified at this time.
Zoning Commission Recommendation
The Zoning Commission consider Ordinance No. 1999 on March 20, 2018.
Two member of the public testified on the matter in support of the ordinance. However, they
stated the addition zoning provisions under section 2 of the ordinance are not necessary and
should be deleted. Written comment was submitted to the City on the afternoon of Tuesday,
March 20, 2018. Staff was not aware of the comment and the Zoning Commission was not provided the comment. The content of the written statement was provided as oral testimony at the public hearing.
The Commission’s discussion can be viewed HERE. In summary, there was discussion on
whether or not public notice was sufficient and whether or not the places of worship and
schools were sufficiently given adequate notice of the proposed change and time to provide comment. Direction was given to staff to insure the public schools were informed of the proposed change. Staff did confirm that the Bozeman Public Schools were noticed of the
proposed action prior to the Commission meeting.
Public comments on this matter can be viewed HERE.
In conclusion, the Zoning Commission voted 2:1 to recommend the City Commission adopt
the ordinance as drafted.
City Commission Alternatives
1) Adopt the ordinance as presented,
2) Direct revisions to the ordinance prior to adoption and request staff to respond with
proposed revision for consideration at a future hearing,
3) Do not adopt the ordinance, or
4) Request additional information and continue discussion on the ordinance.
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SECTION 1 - MAP SERIES
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SECTION 2 - RECOMMENDATION AND FUTURE ACTIONS
Having considered the criteria established for a municipal code text amendment, Staff
recommends approval as drafted.
The Zoning Commission held a public hearing on these text amendments on March 20, 2018,
at 6 pm in the City Commission room located at 121 N. Rouse Avenue, Bozeman, Montana.
The City Commission will hold a public hearing on these text amendments on April 2, 2018
in the City Commission room located at 121 N. Rouse Avenue, Bozeman, Montana.
SECTION 3 - STAFF ANALYSIS AND FINDINGS
In considering applications for approval under this title, the advisory boards and City
Commission shall consider the following criteria. An amendment is a legislative action;
therefore, the Commission has broad latitude to determine a policy direction.
In considering the following criteria, the analysis must show that the amendment
accomplishes zoning criteria A-D or is neutral. Zoning criteria E-K must be considered and
may be found to be affirmative, neutral, or negative. A favorable decision on the proposed
application must find that the application meets all of criteria A-D and that the positive
outcomes of the amendment outweigh negative outcomes for criteria E-K.
Section 76-2-304, MCA (Zoning) Criteria
A. Be in accordance with a growth policy.
Yes. The growth policy does not dictate uses or specific standards to the level of detail
contained in the ordinance. It does identify issues and priorities for consideration and does
contain goals and objectives that are desirable outcomes. There is no prioritization of one
goal or objective over another. In determining appropriateness of a particular zoning
ordinance, the Commission needs to find a balance that best advances the interests of the
community. It is inappropriate to maximize one item to the detriment of the remainder of the
goals and objectives of the document. The City adopted the current edition of the growth
policy, the Bozeman Community Plan, in 2009. The Community Plan consists of 17 chapters
detailing community context, land use, community quality, arts and culture, economic
development to name a few. The text of Chapter 38 as amended is a balance of the various
goals and priorities in the Bozeman Community Plan and advances the plan overall.
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A number of goals and objectives in the Bozeman Community Plan apply to this text
amendment.
Goal LU-2 states the City ought to designate centers for commercial development rather than
corridors to encourage cohesive neighborhood development in conjunction with non-
motorized transportation. The Central Business District (CBD) or B-3 district is destination
for food, culture, with the associated consumption of alcohol. The highest density of
residents in the City is proximate to these services allowing for greater alternative
transportation than a vehicle. Midtown’s (B-2M) stated policy to encourage diverse and
active streets in the City. Midtown’s location and existing infrastructure facilitate this
outcome. Although the B-2M district may be applies elsewhere in the City, an areas that
qualifies for this designation would meet the general intent of these goals.
Chapter 8 addresses economic development. Relevant goals include Goal ED-1: Promote and
encourage the continued development of Bozeman as a vital economic center and Objective
ED-1.1: Support business creation, retention, and expansion. Emphasize small businesses,
‘green’ businesses, and e-businesses.
Finally, the level of detail associated with the text amendment is beyond the specificity found
and intended in the Community Plan.
B. Secure safety from fire and other dangers.
Yes. All other applicable development standards and building codes will apply to a utilize
this special exemption to establish or provide alcoholic beverages on a given property.
Building and fire standards and codes are designed to mitigate impacts, provide a safe
environment, and protect from fire and other dangers. The City has extensive experience with
these standards and monitors and amends standards as needed. The standards meet this
criterion.
Setbacks and other development standards facilitate emergency service access. See also
criterion C.
C. Promote public health, public safety, and general welfare.
Yes. The essential standards for provision of public services such as water and sewer will
not be modified. The balance of proposed standards are expected to prevent overcrowding or
other negative impacts. Specific standards are proposed designed to mitigate negative
outcomes of including this alcohol sales license type. All State required performance
measures are unchanged. In addition, annual business licenses are required as with all
business operating in the City limits.
Chapter 4, Alcoholic Beverages, of the Bozeman Municipal Code includes other provisions
that are not modified by this text amendment detailing the City’s alcohol policies to insure a
safe and healthy environment for its residence. Section 4.04.010.C states, “It is the intent of
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the city commission to address those areas related to alcohol access, consumption and usage
which are not otherwise addressed by the current law in the state. Violations such as
Endangering Welfare of Children (MCA 45-5-622), Unlawful Transactions with Children
(MCA 45-5-623), Unlawful Attempt to Purchase or Possession of Intoxicating Substance
(MCA 45-5-624), Driving under the Influence of Alcohol or Drugs or Operation with
Alcohol Concentration of .08 or More (MCA 61-8-401 and 61-8-406), and Operation of
Vehicle by Person under Twenty-One with Alcohol Concentration of .02 or More (MCA 61-
8-410) have all been specifically addressed by state law as noted and will be enforced within
the city under those laws. Disorderly Conduct and Public Nuisance (MCA 45-8-101 and 45-
8-111) violations shall be addressed by state code.”
The City also has adopted noise ordinances to insure adequate public safety and a healthy
environment. Applicable noise standards are in Chapter 16, article 6, as applicable.
Therefore, this criterion is met.
D. Facilitate the provision of transportation, water, sewerage, schools, parks and other
public requirements.
Yes. Standards for provision of public facilities are not being altered. Any proposed business
falling under this use classification will be required to meet all other applicable standards for
transportation, water and sewer utilities.
E. Reasonable provision of adequate light and air.
Neutral. The basic standards for setbacks, dedication of parks, on-site open spaces, etc. that
affect this criterion continued with the proposed ordinance. However, building designs and
locations vary by site layout and programmatic needs. The B-2M and B-3 districts are
designated areas for commercial use and development. The City’s commercial development
standards insure adequate provisions of light and air. Building reuse or new construction
must meet applicable building construction standards with adequate fire protection.
F. Effect on motorized and non-motorized transportation systems.
Yes. The proposed amendments support multi-modal transportation by encouraging
restaurant uses in the primary commercial areas in the central part of the City. The B-2M and
B-3 district are located in area with ample street network, sidewalks, pedestrian pathways,
designated bike lanes, public transportation routes, and private ride-hailing services. Ride
sharing in Bozeman has not yet been established.
G. Promotion of compatible urban growth.
Yes. The amendments promote the continued growth of the City by providing more urban
development standards. The standards, as shown in other criteria, are consistent with the
development standards and patterns of the City.
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H. Character of the district.
Yes. All zoning districts provide for a variety of principal and conditional uses. Those uses
vary by district. The uses range in intensity and likely size. No single use defines the entirety
of any zoning district. Restaurants are a permitted use in both the B-2M and B-3 districts.
On-premise consumption of alcohol is a permitted use in the B-2M and B-3 districts once
securing a Conditional Use Permit or a Special Use Permit after March 31, 2018 (see
Ordinance No. 1978).
These amendments further the goals of the Design and Connectivity Plan for the N. 7th
Corridor (2006) and the Midtown Urban Renewal Plan. The creation of the B-2M District
was expressly focused on continuing and evolving the character of the district. This
amendment to expand the exemption will continue the evolution of this district and promote
infill revitalization and development.
Similarly, it is the intent of the B-3 central business district is to provide a central area for the
community's business, government service and cultural activities and to encourage high
volume, pedestrian-oriented uses. Therefore, this criterion is met.
I. Peculiar suitability for particular uses.
Neutral. No changes to the zoning boundaries are proposed with these amendments. The
location of zoning districts has previously been found to be appropriate. The authorized use
tables have been reviewed for consistency with the intent and purpose of individual districts
and found to be appropriate.
J. Conserving the value of buildings.
Neutral-positive. No changes to the zoning boundaries are proposed that would cause
buildings to become non-conforming to the district in which they are located. Other portions
of the municipal code require buildings to be maintained in a safe and secure condition to
avoid decay and public hazards. The building design standards of Article 5 minimize
negative impacts of development on adjoining properties. The community design standards
of Article 4 ensure adequate street circulation, parks, and other necessary features.
Recent development has shown considerable investment is associated with adapting existing
buildings and constructing new buildings to house restaurants and establishments for on
premise consumption of alcohol. If the original tenant moves on, the improvements remain
which may elevate the updated/new building and adjacent properties value.
K. Encourage the most appropriate use of land throughout the jurisdictional area.
Yes. No changes to the zoning boundaries are proposed with these amendments. The uses
authorized in the use tables for each district are consistent with the district purpose. The
zoning boundaries are in substantial compliance with the land use map of the growth policy,
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which establishes the broad policy for location of uses. As described in Criterion A, the
proposed zoning is consistent with the growth policy overall. The proposed amendments do
not make material changes to the zoning districts.
PROTEST NOTICE FOR ZONING AMENDMENTS
IN THE CASE OF WRITTEN PROTEST AGAINST SUCH CHANGES SIGNED BY THE
OWNERS OF 25% OR MORE OF THE AREA OF THE LOTS WITHIN THE AMENDMENT
AREA OR THOSE LOTS OR UNITS WITHIN 150 FEET FROM A LOT INCLUDED IN A
PROPOSED CHANGE, THE AMENDMENT SHALL NOT BECOME EFFECTIVE EXCEPT BY THE FAVORABLE VOTE OF TWO-THIRDS OF THE PRESENT AND VOTING
MEMBERS OF THE CITY COMMISSION.
For this text amendment application the applicable calculation of protesting owners would
include all owners of all properties in all districts of the City for issues affecting the entire city
such as review processes and generally applicable standards. For issues affecting a defined
subsection of the city such as an individual zoning district the calculation of protesting owners
would include all owners within the affected area.
As of the writing of this report, no written protest against the changes have been received.
APPENDIX A - PROJECT BACKGROUND
As described in the executive summary the Commission directed preparation of the text
amendments described in this report and attached as Ordinance No. 1999. Local business owners
have inquired as to the effect of the City’s exemption from the State of Montana’s restriction
regarding licensing of retail alcohol establishments within 600 feet of a school or church. The
State currently has over 30 different types of alcohol licenses. Sect. 16-3-306(4), MCA,
authorizes a local government to supplant the 600-foot rule. The City of Bozeman has done so
through adoption of 4.02.020.B, BMC but only for restaurant beer and wine license holders. The
City has not provided for an exemption from the State’s distance rule for any other license type.
City staff have studied the issue, inquired about the alcohol licensing process with the State of
Montana, and analyzed through Geographical Information System (GIS) the appropriate
locations for an additional exemption to be permitted with conditions. Section 1, Map Series,
includes illustrations showing the location of current alcohol license holders in the B-2M and B-
3 districts. Currently 13 restaurants with a beer and wine license qualify for the exemption.
Representatives from the State Department of Revenue, the agency assigned to regulate the sale
of alcohol, estimate that in the future there may be only a few additional alcohol licenses issued
per year for the Bozeman area.
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The Ordinance, as drafted, would amend the municipal code to allow holders of a State issued
Beer with Wine Amendment alcohol license to qualify for the Bozeman local 600-foot rule
exemption through the appropriate permitting process. In addition, businesses operating with this
alcohol license must meet and continue to meet the standards associated with a Restaurant Beer
& Wine license. These standards are detailed in Section 3 of Ordinance No. 1999 and include
hours of operation, food must be the primary revenue generator, gambling is prohibited, and
alcohol can only be sold to patrons who order food.
APPENDIX B - NOTICING AND PUBLIC COMMENT
This application is for an amendment to the municipal code. Therefore, the required notice is
publication in the newspaper per Table 38.40.030, BMC. The Zoning Commission and City
Commission published notice on March 4 and 18, 2018, exceeding the minimum standard, in the
Bozeman Daily Chronicle before the public hearings.
Two public comments were received at the public hearing on March 20th in opposition to Section
2 of the ordinance. A written public comment is attached.
APPENDIX C - APPLICANT INFORMATION AND REVIEWING STAFF
Applicant: Bozeman City Commission, PO Box 1230, Bozeman MT 59771
Report By: Tom Rogers, Senior Planner
Chris Saunders, Community Development Manager
FISCAL EFFECTS
No unusual fiscal effects have been identified. No presently budgeted funds will be changed by
this amendment. The City will incur periodic costs to administer the process.
ATTACHMENTS
The full application and file of record can be viewed at the Community Development
Department at 20 E. Olive Street, Bozeman, MT 59715. The complete application includes
presentations, notes, comments, questionnaires used to create the draft code being reviewed.
Draft Ordinance 1999
Written public comment
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Page 1 of 6
ORDINANCE NO. 1999
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA AMENDING CHAPTERS 4 AND 38 OF THE BOZEMAN MUNICIPAL
CODE TO AUTHORIZE RESTAURANTS LOCATED WITHIN THE B-3 AND B-2M
ZONING DISTRICS HOLDING A STATE ISSUED BEER WITH WINE AMENDMENT
RETAIL ALCOHOL LICENSE TO OPERATE WITHIN 600 FEET OF AND ON THE
SAME STREET AS A BUILDING USED EXCLUSIVELY AS A CHURCH,
SYNAGOGUE, OR OTHER PLACE OF WORSHIP OR AS A SCHOOL
WHEREAS, The City of Bozeman (the “City”) is authorized by the City Charter and
Montana law to promote public health, safety and welfare and otherwise execute the purposes of
Section 76-1-102, MCA and the City Charter; and
WHEREAS, The City is authorized by the Section 4.04 of the City Charter and Montana
law to adopt zoning, subdivision, and other land use regulations and provide for the enforcement
and administration of such regulations and otherwise reasonably provide for the orderly
development of the community; and
WHEREAS, the Bozeman Zoning Commission held a noticed public hearing on March
___, 2018. The Bozeman Zoning Commission voted ______ to recommended adoption of
proposed amendments included in this Ordinance; and
WHEREAS, section 16-3-306(4), MCA recognizes the City’s authority to supplant the
provisions of 16-3-306(1) regarding state law distance limitations from certain uses for the location
of state issued retail alcohol licenses; and
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Ordinance 1999, Alcohol Service Separation Standards
Page 2 of 6
WHEREAS, the Bozeman City Commission incorporates findings presented by the
Department of Community Development in its written staff report and all oral findings made
during the public hearing on April 2, 2018 into this Ordinance.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA:
Section 1
That Section 4.02.020, Bozeman Municipal Code shall be amended as follows:
A. The sale of alcoholic beverages is permitted only in districts authorized in chapter 38 of
this Ccode to allow such sales.
B. The limitations set forth in MCA 16-3-306(1) do not apply to:
1. Restaurants, as defined in chapter 38, serving alcohol pursuant to holding a state
issued "restaurant beer and wine retail alcohol license as those terms are defined
in the Montana Alcoholic Beverage Code;
2. " also known as a "cabaret beer and wine license" Temporary events such as fairs,
weddings, or sporting events serving alcohol using a "catering
endorsement" regardless of the type of state issued on premise retail license as
defined in the Montana Alcoholic Beverage Code.
3. Restaurants, as defined in chapter 38, located within the B-2M and B-3 zoning
districts serving alcohol pursuant to state issued a beer with wine amendment
retail alcohol license as defined in the Montana Alcoholic Beverage Code.
Restaurants serving alcohol pursuant to this subsection must comply with
38.360.060.
C. However, nNothing in this article shall be construed to allow a the business license for
the sale of alcohol to be unilaterally approved and all must apply for and receive
a conditional such land use approvals permit as set forth in chapter 38 of this Code.
Section 2
That section 38.360.060, BMC, shall be amended as follows:
38.360.060 On-Premise Consumption of Alcohol
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Ordinance 1999, Alcohol Service Separation Standards
Page 3 of 6
A. Alcohol sales for on-premises consumption, on either a temporary or permanent basis,
may not be conducted on the same lot or premises where an adult business or the sale of
auto retail fuel is permitted.
B. Pursuant to 4.02.020, the restrictions in MCA 16-3-306(1) do not apply to:
1. In zoning districts authorized to serve on premise alcohol, a restaurant if the
restaurant serves alcohol on premise only pursuant to a state issued restaurant beer
and wine license or to a person operating a temporary event using a catering
endorsement; or
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 as long as such restaurant complies with the following requirements
and provides the city an annual certification with its business license application of
such compliance:
a. All alcohol is sold for on premise consumption only;
b. The restaurant must have individually priced meals prepared and served for
on-site dining;
c. Alcohol can only be sold to patrons who order food;
d. 65% of the restaurant’s annual gross income must be from the sale of food;
e. Must have a dining room, kitchen and necessary employees for preparing
food on the premises;
f. The restaurant must serves an evening meal at least four (4) days a week for
at least two (2) hours a day between the hours of 5:00 PM and 11:00 PM
and if food is served beyond these hours may only sell alcohol between the
hours of 11:00 am and 11:00 pm;
g. Gambling or gaming is prohibited;
h. Alcohol must be stored on premise; and
i. Must prevent self-service of alcohol.
Section 3
Supplant State Law.
Section 16-3-306(4), MCA recognizes the City’s authority to supplant the provisions of
16-3-306(1), MCA. The City Commission hereby supplants such restrictions as provided for in
Sections 1 and 2 of this Ordinance.
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Ordinance 1999, Alcohol Service Separation Standards
Page 4 of 6
Section 4
Repealer.
All provisions of the ordinances of the City of Bozeman in conflict with the provisions of
this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances
of the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full
force and effect.
Section 5
Savings Provision.
This ordinance does not affect the rights and duties that matured, penalties that were
incurred or proceedings that were begun before the effective date of this Ordinance. All other
provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full
force and effect.
Section 6
Severability.
That should any sentence, paragraph, subdivision, clause, phrase or section of this
ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect
the validity of this Ordinance as a whole, or any part or provision thereof, other than the part so
decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman
Municipal Code as a whole.
Section 7
Codification.
This Ordinance shall be codified as indicated in Sections 1 and 2.
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Ordinance 1999, Alcohol Service Separation Standards
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Section 8
Effective Date.
This ordinance shall be in full force and effect 30 days after final passage and approval.
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Ordinance 1999, Alcohol Service Separation Standards
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PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on the 2nd day of April, 2018.
____________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
____________________________________
ROBIN CROUGH
City Clerk
FINALLY PASSED, ADOPTED AND APPROVED by the City Commission of the
City of Bozeman, Montana on second reading at a regular session thereof held on the ____ day
of ____________, 2018. The effective date of this ordinance is ___________ ___, 2018.
_________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
_________________________________
ROBIN CROUGH
City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN
City Attorney
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From:Dave Weiss
To:Agenda
Subject:Public comment on proposed Ordinance No 1999.
Date:Monday, March 19, 2018 6:55:56 PM
Attachments:Public comments-3-18-18.pdf
To Whom It May Concern,
Please see the attached PDF file for my public comment to the city commission, zoning commission and staff
regarding proposed Ordinance No 1999.
Thank you.
David Weiss
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I am submitting my comments regarding proposed Ordinance 1999 amending Sections 4 & 38 of the
Bozeman Municipal Code. 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 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”
Also, note that ARM 42.13.1104 (2-b) says an establishment must be a “restaurant” to have a wine
amendment to a city beer license, so further defining a restaurant is unnecessary.
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?
I will address each proposed restriction individually below. The numbered items are the proposal from Staff
and my comments are under each numbered item.
1.All alcohol is sold for on premise consumption only;
MCA 16-3-306 (Section 3) already specifically states that off-premises sales of beer and wine
in their original packaging are allowed within 600 ft. of a church or school. ARM
42.13.1104(3-a) extends that to include growlers of beer and wine. Also, this restricts “retail”
operations from existing in portions of B3 and B2M districts, which is counterproductive to
attracting retail activity in zones where retail is being promoted by the city.
2.The restaurant must have individually priced meals prepared and served for on-site dining;
ARM 42.13.1104 (2-b) says an establishment must be a restaurant to have a wine amendment
to their city beer license. Also, this restricts a hotel that would like to serve drinks to their
patron without being a full-scale food service operation.
3.Alcohol can only be sold to patrons who order food;
Just to be clear, this prohibits an establishment serving a group of friends or coworkers who
would like to meet for a single after work drink. This will also restrict a hotel that would like
to serve drinks to their patron without being a full-scale food service operation. This is
counterproductive to a thriving downtown and B2M district.
4.65% of the restaurant’s annual gross income must be from the sale of food;
What is the purpose of dictating this percentage? If the goal is that an establishment is “more” of a
restaurant than a bar, then I would suggest changing this number to 51% of sales being from food.
Although any restriction also restricts a hotel that would like to serve drinks to their patron
without being a full-scale food service operation. Is the city prepared to yank an establishment's
Special/Conditional Use Permit for selling only 64% food one year?
5.Must have a dining room, kitchen and necessary employees for preparing food on the premises;
This restricts a hotel that would like to serve drinks to their patrons without being a full-scale
food service operation.
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6.The restaurant must serve an evening meal at least four (4) days a week for at least two (2) hours a
day between the hours of 5:00 PM and 11:00 PM and if food is served beyond these hours may only
sell alcohol between the hours of 11:00 am and 11:00 pm;
The restriction of hours from 11am to 11pm would prevent an establishment from serving a
successful weekend brunch that could include mimosas. Also, an 11pm restriction on
weekends may further inhibit business on weekend nights. If a restriction further than the state
8am-2am hours is desired, I would suggest allowing the sale of beer and wine between 9am
and midnight. Also, the evening meal requirement restricts a hotel that would like to serve
drinks to their patron without being a full-scale food service operation.
7.Gambling or gaming is prohibited;
All City Beer Licenses with Wine Amendment created after October 1, 1997 already have had
this restriction (see MCA 16-4-105 Section 12). If it pleases the city to place this restriction on
older licenses that don't have this restriction at the state level and might be moved into the B3
or B2M districts, I would feel that this is a reasonable restriction that serves a particular
purpose. However, I believe there are very few city beer licenses with wine amendments that
also have gambling/gaming attached. I am working on gather details on this.
8.Alcohol must be stored on premise;
This rule already exists for City Beer Licenses with Wine Amendment at the state level via
ARM 42.13.1104(1-b), so this restriction is duplicating already existing state code.
9.Must prevent self-service of alcohol.
This rule already exists for City Beer Licenses with Wine Amendment at the state level via
ARM 42.13.1104(1-d) so this restriction is duplicating already existing state code.
In conclusion, I suggest that the city choose to strike all of the above restrictions and allow a City Beer
License With Wine Amendment to operate in the B3 and B2M districts as the licenses were intended by the
state. 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 be reasonable. These restrictions would also not
take significant city resources to enforce. But please note that any restrictions create 2 separate “subzones”
within the B3 and B2M districts for the service of beer and wine. This is confusing for potential B3 and B2M
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
B2M. 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
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From:Dave Weiss
To:Agenda
Subject:Re: Public comment on proposed Ordinance No 1999.
Date:Tuesday, March 20, 2018 9:55:42 AM
This is a followup to the public comment I submitted yesterday at 6:55pm. On item #7, regarding Gambling and
Gaming restrictions, I was incorrect when I stated that “I believe that there are very few city beer licenses with wine
amendments that also have gambling/gaming attached”. Upon further research, it appears there are 15 such licenses,
so I do feel that this could be a reasonable restriction to keep, if it pleases the city.
Thank you and I apologize for being previously mis-informed…
Dave Weiss
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From: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
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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
87
Bozeman Spirits Distillery
121 W. Main St
Bozeman, MT 59715
jim@bozemanspirits.com
-- Jim R Harris
Bozeman Spirits Distillery406-581-7777
www.BozemanSpirits.com
88
From: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
89
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
90
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
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