HomeMy WebLinkAbout18- Ordinance 1999 Beer and Wine License Operation Radius Amendment C?
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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
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Ordinance No. 1999,Alcohol Separation Text Amendment
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 Gcode 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 defined
in the Montana Alcoholic Beverage Code;
2. also ' t beff andMne ' " 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
38.360.060.
C. 14oweve f,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
eonditional such land use approvals pemiA as set forth in chapter 38 of*�ode.
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 No. 1999,Alcohol Separation Text Amendment
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 mgy 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.
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Ordinance No. 1999,Alcohol Separation Text Amendment
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 No. 1999,Alcohol Separation Text Amendment
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 No. 1999,Alcohol Separation Text Amendment
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.
T L. R S
Mayor
ATTEST: , �� S O Z41 ,
■
ROBIN CROUGH c,•; " �a83-,•'sue '
City Clerk �1L'�. . . • • tios' '
`9 IN CC
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.
A L ANDRU
r
ATTEST:
502 .'
Ally
ROBIN CROUGH
City Clerk 9'•, ' 1883 ••���
�L�TIN Co 0 APPROVED AS TO FORM:
hN
GRE ULLIVAN
City Attorney
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