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Home My WebLink About04-16-18 City Commission Packet Materials - C11. Ordinance 1999 Final, Alcohol Service Separation Standards Commission Memorandum REPORT TO Mayor and City Commission FROM: Tom Rogers, Senior Planner Martin Matsen, Director of Community Development SUBJECT: Final adoption of Ordinance 1999, a text amendment of the Bozeman Municipal Code 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. Application number 18097. MEETING DATE: April 16, 2018 AGENDA ITEM TYPE: Consent RECOMMENDATION: Final adoption of Ordinance 1999, the Alcohol Separation Exemption text amendment. RECOMMENDED MOTION: “Having reviewed and considered the ordinance text, public comment, and all the information presented, I move to finally adopt Ordinance 1999, the Alcohol Separation Exemption Municipal Code text amendment.” BACKGROUND: The City Commission held a public hearing on April 2, 2018 and provisionally adopted Ordinance 1999. The ordinance amends Section 4.02.020, Alcoholic Beverages, license exceptions, of the Bozeman Municipal Code to expand an exemption from state law to allow location of certain alcohol service within 600 feet distance from schools and churches. It is also proposed to create a new Section 38.310.270 to establish standards for approval of alcohol service for on premise consumption subject to defined types of alcohol licenses issued by the State of Montana. The Commission made two amendments to the draft text including removing the provision that alcohol can only be sold to patrons who order food and that 65% of the restaurant’s annual gross income must be from the sale of food. The main motion passed 5:0. UNRESOLVED ISSUES: None ALTERNATIVES: As directed by the Commission FISCAL EFFECTS: None identified Attachments: Ordinance 1999, public comment received after provisional adoption Report compiled on April 5, 2018 157 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 20, 2018. The Bozeman Zoning Commission voted 2-1 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 158 Ordinance No. 1999, Alcohol Separation Text Amendment 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 159 Ordinance No. 1999, Alcohol Separation Text Amendment 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. Must have a dining room, kitchen and necessary employees for preparing food on the premises; d. 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; e. Gambling or gaming is prohibited; f. Alcohol must be stored on premise; and g. 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. 160 Ordinance No. 1999, Alcohol Separation Text Amendment 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. 161 Ordinance No. 1999, Alcohol Separation Text Amendment Page 5 of 6 Section 8 Effective Date. This ordinance shall be in full force and effect 30 days after final passage and approval. 162 Ordinance No. 1999, Alcohol Separation Text Amendment Page 6 of 6 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 16th day of April, 2018. The effective date of this ordinance is May 16, 2018. _________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: _________________________________ ROBIN CROUGH City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 163 From:Lydia Sturgis To:Agenda Subject:Proposed Ordinance 1999 Date:Tuesday, April 03, 2018 9:32:23 AM My name is: Lydia Sturgis and I reside at 603 N Bozeman Ave, Unit A, Bozeman, MT 59715. My comments are in regard to proposed Ordinance 1999 amending Sections 4 & 38 of theBozeman Municipal Code. I believe that thriving downtown (B3) and midtown (B2M) districts are crucial to the successof Bozeman and would like to see the city support and facilitate people trying to open establishments helping to create thriving retail and entertainment districts in the downtownand midtown areas. As such, I suggest that the city adopt all of the proposed changes to section 4 and strike all ofthe proposed restrictions in section 38 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. Thank you for your consideration. Lydia Sturgis 164