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HomeMy WebLinkAbout23- Ordinances 2132 - To Authorize the Sale of Alcohol for On-premises in Certain Zoning Designations within 600 feet of a House of Worship or a SchoolOrdinance 2132, Alcohol Exemption Separation Standards Text Amendment Ord. 2124 Page 1 of 6 ORDINANCE 2132 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING CHAPTERS 4 AND 38 OF THE BOZEMAN MUNICIPAL CODE TO AUTHORIZE THE SALE OF ALCOHOL FOR ON-PREMISES CONSUMPTION IN COMMERCIAL, MIXED USE, AND INDUSTRIAL ZONED PROPERTIES 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, MAKE ADMINISTRATIVE CHANGES, AND PROVIDING AN EFFECTIVE DATE, APPLICATION 23064. WHEREAS, the City of Bozeman (the “City”) has adopted land development and use standards to protect public health, safety and welfare and otherwise execute the purposes of Montana Code Annotated §§ 76-1-102, 76-2-304, 76-3-102, and 76-3-501; and WHEREAS, pursuant to the Bozeman City Charter, the City of Bozeman has adopted and is hereby relying upon its self-government powers recognizing pursuant to Montana law such self- government powers must be liberally construed in favor of such power; 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 WHEREAS, after proper notice, the Community Development Board in their capacity as Bozeman Zoning Commission held a public hearing on June 26, 2023 to receive and review all written and oral testimony on the proposed amendments. WHEREAS, the Community Development Board in their capacity as Bozeman Zoning Commission recommended to the Bozeman City Commission that Ordinance 2132, be approved as proposed; and WHEREAS, after proper notice, the City Commission held its public hearing on July 18, 2023, to receive and review all written and oral testimony on the proposed amendments; and WHEREAS, the City Commission has reviewed and considered the applicable amendment criteria established in Montana Code Annotated § 76-2-304, and found that the proposed amendments are in compliance with the criteria; and NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA: DocuSign Envelope ID: AE3A4A4E-16C3-41F4-8C16-2EF94CE92C36 XXXX 2132 Ordinance 2132, Alcohol Exemption Separation Standards Text Amendment Ord. 2124 Page 2 of 6 Section 1 That Section 4.02.020 – License; exceptions, 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 code 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, The sales of alcohol for on-premises consumption located within a commercial, mixed use, or industrial zoning district serving alcohol pursuant to a state issued restaurant beer and wine alcohol retail license as defined in the Montana Alcoholic Beverage Code; 2. Temporary events such as fairs, weddings, or sporting events serving alcohol using a catering endorsement regardless of the type of state issued on premises 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 a state issued 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. Nothing in this article shall be construed to allow a business license for the sale of alcohol to be unilaterally approved and all must apply for and receive such land use approvals as set forth in chapter 38. Section 2 That Section 4.02.030 – City license required; application; license fees, Bozeman Municipal Code shall be amended as follows: A. No person shall manufacture or sell alcohol in the city, under the provisions of the Montana Alcoholic Beverage Code, or at all, without first procuring a license to do so from the city. Application for a city license shall be made to the city manager on a form to be provided by the city treasurer. Separate licenses shall be required for the sale of beer and for the sale of wine. The application will be signed by the applicant, notarized, include the license fee and contain, at a minimum, the following information: 1. Applicant's name, age, and address, phone number, and email address; 2. The business' name and address or, in the case of a transfer or relocation, the address of the proposed new location; 3. The type of alcohol beverage license either applied for or granted by the state, the date it was granted and expiration date; 4. A short statement of the applicant's purpose for obtaining the license; DocuSign Envelope ID: AE3A4A4E-16C3-41F4-8C16-2EF94CE92C36 XXXX 2132 Ordinance 2132, Alcohol Exemption Separation Standards Text Amendment Ord. 2124 Page 3 of 6 4. A short explanation for the applicant's benefit explaining the city's authority to revoke or suspend the business license in response to a similar action by the state. B. The application shall be filed with the city treasurer and presented for the consideration of the city manager. The city manager may use discretion to postpone any action for investigation or other good cause. C. If the application is rejected, the reasons must be noted on the application, the applicant notified, and the tendered fee returned. D. License fees must be payable in advance and shall accompany the application therefor, whether original or renewal. All licenses under this article will expire at 12:00 midnight of December 31, in the year for which such license is issued. In the event that a license is granted after June 30 of any year, the license fee will be one-half of the entire yearly license. E. If the entire yearly license fee has been paid in advance and the business under the license is discontinued before July 1 in the year in which such license is granted, the city treasurer will refund one-half of the yearly license fee upon surrender of the license. Section 3 That Section 4.02.050 – Special permits – When granted, Bozeman Municipal Code shall be amended as follows: A. The city manager, with discretion and upon application, may grant a special permit to sell alcohol beer or wine for consumption on the premises to the following: 1. Any association or corporation conducting a picnic, convention, fair, civic or community enterprise or sporting event within the city limits; 2. A nonprofit arts organization, organized and operated for the principal purpose of providing artistic or cultural exhibitions, presentations, or performances for viewing or attendance by the general public, to be served at an exhibition, production, performance or program for on-premises consumption; and 3. Any other organization or for any other reason the city manager, with discretion, determines should be allowed to serve or sell alcohol during a function. B. The application for a special permit shall be granted only upon the organization acquiring a special permit from the state as provided in the Montana Alcoholic Beverage Code. The applicant must specify the location and nature of the event and the period it is scheduled to be held. All applications will be signed by one or more of the association's officers, will be notarized and will be accompanied by the amount of the permit fee. The permit issued under this section will not authorize the sale of alcohol beer or wine for a longer period than one day before the event is scheduled to begin and one day after the event has been concluded. Section 4 DocuSign Envelope ID: AE3A4A4E-16C3-41F4-8C16-2EF94CE92C36 2132 XXXX Ordinance 2132, Alcohol Exemption Separation Standards Text Amendment Ord. 2124 Page 4 of 6 That Section 4.03.030 – Same – Application; form, contents and filing, Bozeman Municipal Code shall be amended as follows: A. Applications for license under the provisions of this article shall be in writing, and signed and sworn to by the applicant before a person authorized to administer oaths. B. The application for license shall be on a form adopted by the city manager. Section 5 That Section 38.360.060 – Alcohol sales for on-premises consumption, Bozeman Municipal Code shall be amended as follows: 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 section 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 premises 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 the sales of alcohol for on-premises consumption zoning districts if the restaurant serves alcohol on premise only pursuant to a state issued alcohol retail beer license with wine amendment as long as such restaurant establishment 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 premises 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 days a week for at least two hours a day between the hours of 5:00 p.m. and 11:00 p.m. and if food is served beyond these hours may only sell alcohol between the hours of 11:00 a.m. and 11:00 p.m.; e. Gambling or gaming is prohibited; f. Alcohol must be stored on premises; and g. Must prevent self-service of alcohol. C. Sales of alcohol for on-premises consumption in the M-1 and M-2 districts are permitted with the following conditions: DocuSign Envelope ID: AE3A4A4E-16C3-41F4-8C16-2EF94CE92C36 XXXX 2132 Ordinance 2132, Alcohol Exemption Separation Standards Text Amendment Ord. 2124 Page 5 of 6 1. Restaurants serving alcoholic beverages are limited to those with state beer and wine licenses issued since 1997, prohibiting any form of gambling and occupying not more than 45 percent of the total building area of a food processing facility; and/or 2. Retail sales for on-premises consumption of alcohol produced on site, not to exceed 10,000 square feet or 50 percent of the facility, whichever is less. Section 6 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 7 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 provision of the Bozeman Municipal Code not amended by this Ordinance shall remain in full force and effect. Section 8 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 9 Codification. The provisions of Section 1-5 shall be codified as appropriate in the Bozeman Municipal Code. All references within the Bozeman Municipal Code shall be revised to reflect the changes in this ordinance. DocuSign Envelope ID: AE3A4A4E-16C3-41F4-8C16-2EF94CE92C36 XXXX 2132 Ordinance 2132, Alcohol Exemption Separation Standards Text Amendment Ord. 2124 Page 6 of 6 Section 10 Effective Date. This ordinance shall be in full force and effect on August 31st, 2023. PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the 18th day of July, 2023. ____________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: _________________________________ MIKE MAAS 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 ________, 2023. ____________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: _______________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ____________________________________ GREG SULLIVAN City Attorney DocuSign Envelope ID: AE3A4A4E-16C3-41F4-8C16-2EF94CE92C36 1st XXXX August 2132