HomeMy WebLinkAbout01-21-10 City Commission packet materials - PolicyCommission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Chris Saunders, Interim Planning Director
Chris Kukulski, City Manager
SUBJECT: January 21
st
Policy Meeting - Liquor/Gaming Licenses – Discussion with
the Montana Department of Revenue, Liquor Licensing Division
MEETING DATE: Thursday, January 21, 2010 (12-1:30 p.m.)
Representatives from the Montana Department of Revenue, Liquor Licensing Division, have
accepted the City’s invitation to attend the January 21
st
City Commission noon policy meeting to
discuss liquor/gaming licenses. At the request of the Department of Revenue, staff previously
forwarded them the following questions as a basis for the discussion:
• Please provide the City with a quick overview of the different types of liquor and/or gaming
licenses that are available within (or can be transferred into) the City of Bozeman and are there
any regulatory nuances the City should be aware of?
• Does the State have any suggestions for improving how we are responding or processing the
liquor license applications that are forwarded to us as well as how we are forwarding the City
approved Conditional Use Permits for liquor licenses?
• What is the geographical extent of the Bozeman permitting area, and how has it changed over
the past decade?
• How are license quotas set for a particular jurisdiction?
• How many licenses (of each type) are currently allocated for the Bozeman area?
• Does a “Cabaret” or “Beer and Wine Only” license automatically entitle someone to have
gaming machines?
The primary focus will be on liquor licenses, as the State has a whole separate gaming division,
(and we only have an hour and a half), however, there are certain gaming provisions that are tied
to the various liquor licenses which they will be able to discuss.
In addition, the Geographic Information Systems (GIS) Manager, (Jon Henderson), has put
together a series of maps analyzing the spatial relationship between gaming and various
regulations including zoning, land use and other means. We will have these maps available on
the big screen (live GIS) to present and assist/augment the discussion as appropriate. Attached
are a hardcopy of the maps and a brief explanation of their purpose and data origin.
Attachments: Gaming Maps Summary/Maps
Report compiled on: January 15, 2010
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Prepared January 15, 2010
Gaming Maps Summary
In the Spring of 2009, the City Commission directed staff to prepare some changes to the City’s ordinances
relating to casinos. On June 22, 2009, the Commission decided to investigate the matter further before the
adoption of any ordinances. Staff has used the time since June to collect additional information from the State
on locations of alcohol licenses within Bozeman and to perform some analysis on how they are geographically
distributed.
The City’s present casino regulations were established in March 1997 by Ordinance 1439. The ordinance
defined a ‘casino’ and established restrictions on their location. Businesses which had gambling on-site prior to
the adoption were allowed to maintain their operations. If they did not meet the new standard they became legal,
non-conforming in status. Businesses which have gaming but which do not meet the definition of a casino are
not subject to the location restrictions and have located in many parts of the community.
The ordinance definition for a ‘casino’ is in Section 18.80.470, BMC and reads as follows:
“A. An establishment whose primary use or activity is gambling, either in the form of gambling
machines (video poker, keno, etc.), card games or other licensed gambling activity. A
casino will normally have beverage and restaurant facilities as accessory uses. In all
instances, an establishment will be considered a casino for the purpose of these regulations if
any of the following characteristics apply:
1. The establishment is referenced as a casino by signage, advertisement or by name;
2. More than one card table is on the premises; and/or
3. Fifteen or more gambling machines are on the premises.
B. An applicant for a casino establishment must obtain a Montana state license to sell alcoholic
beverages for consumption on the premises.”
The City’s location restrictions for a new casino are:
1. location within the M-1 or M-2 zones,
2. a zone map amendment for a casino overlay district,
3. location must be outside of an entryway corridor (other than the I-90 corridor) as designated on the
zoning map, and
4. a casino must be separated by 600 feet from schools, churches, residences, public parks or other casinos.
The following series of maps have been prepared to show how different options for future changes might play
out on the ground. A table (Model Run Chart) showing the components of the various scenarios is provided
below. No action by the Commission is expected at this time based on this information. This information is
provided to enable the Commission to better visualize how different kinds of changes might affect allowable
locations. The data shown on the maps will be available ‘live’ at the Commission’s policy meeting and Jon
Henderson can help answer questions on data or the process to create the maps.
The choice of whether or not to restrict the location of casinos and how they are defined are legislative acts and
at the discretion of the Commission. Staff will undertake changes to the regulations as directed to do so by the
City Commission.
List of Attached Maps:
• Liquor & Gaming Licensing (Actual Existing Locations Based on HTE & DOR – 2009 Data)
• Existing (Where A New Casino Could Be Presently Permitted)
• Model #1
• Model #2
Prepared January 15, 2010
• Model #3
• Model #4
• Model #5
• Model #6
• Model #7
• Model #8
• Model #9
• Reference Layers
Model Run Chart
Run
Identifier
Zoning
Districts
where
gaming
permitted
Growth
policy
modifier–
Allowed in
Regional
Commercial
designated
areas
Entryway
Overlay
District - all
others –
Casinos
Excluded
Entryway –I-90
- Casinos
allowed except
where overlaps
another
entryway
corridor
Separation
distance
Separation
Required From
Uses – Schools,
churches,
residences,
public parks, or
other casinos
Existing M-1 & M-2 --- X X 600’ X
Model 1 M-1, M-2, B-
2
Where B-2
overlays X X 600’ X
Model 2 M-1, M-2, B-
2 --- X X 600’ X
Model 3 M-1, M-2, B-
2
Where B-2
overlays X X --- ---
Model 4 M-1, M-2, B-
2 --- X X --- ---
Prepared January 15, 2010
Process:
This analysis involved several steps studying the spatial relationship between gaming and various regulations
including zoning, land use and other means. Each model run consists of a base zoning combination which is
“clipped” (or, reshaped) through a series of processes using GIS data such as entryway corridors and residential
separation buffers. See the table and lists above to reference the individual model specifics and data used.
Results are best seen on the attached exhibits, showing initial and final areas (including acreages).
*Also, note all acreages exclude rights-of-way (based on land use inventory)
Gaming Information Used:
• Montana Department of Revenue Liquor Control Division List of “Bozeman/Belgrade Quota Area On-
Premises Consumption Licenses”, dated 8/5/2009
o This list was broken down by the following categories: ”All-Alcoholic Beverages”, “Beer &
Wine”, “Beer & Wine with Catering”, “Beer & Wine with no Gaming”, Restaurant Beer &
Wine”. Only the first two categories were used in this analysis to establish existing gaming
centers (assuming most gaming took place within these two types).
• City of Bozeman HTE Liquor & Gaming License Data, dated 12/31/2009
o This list is mostly used to validate the above resource, as it contains additional points for all
areas of purchase (such as gas stations and gaming vendors), therefore this data is shown only
for reference and was not used in any analysis.
GIS Data Sets Used:
• Roads
• Parcels
• Land Use (2008)
• Zoning
• Community Plan Land Use
• Entryway Corridors
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INTERSTATE 90 HWY
DURSTON RD
DAVIS LN
W MAIN ST
STUCKY RD
BAXTER LN
W OAK ST
N 7TH AVE
S 19TH AVE
B
I
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GU
L
C
H
D
R
N
1
9
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A
V
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FRONTAGE RD
MANLEY RD
W COLLEGE ST
S 11TH AVE
W KOCH ST
L ST
E MAIN ST
COTTONWOOD RD
S 3RD AVE
HAGGERTY LN
W KAGY BLVD
HUFFINE LN
E
K
A
GY
B
L
V
D
HIGHL
A
N
D BLV
D
S 4TH AVE
S 5TH AVE
N
15
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V
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LL
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S WI
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DR
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ROSE ST
N 5TH AVE
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S 15TH AVE
ELLIS ST
CEDAR ST
W OLIVE ST
W OAK ST
E GRIFFIN DR
W BEALL ST
S 7TH AVE
S ROUSE AVE
W GARFIELD ST
KAGY RD
FLANDERS MILL RD
FRONT ST
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AR
PER PU
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N 17TH AVE
N GRAND AVE
VALLEY DR
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OLD FA
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RESORT DR
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FISH
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CHER
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TEMPORARY ROAD
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COTTONWOOD RD
CATTAIL ST
N ROUSE AVE
STORY HILL RD
SACCO DR
ASH DR
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BAXTER LN
FRONTAGE RD
Model #2
R
evised: 1/13/10
This map Citythe was of Bozeman created by
andPlanning Department Community of Development
¯
1 inch = 2,333 feet
some Intended layers for may Planning not line purposes up properly. only
Legend
Model #2 (782 acres)
M-1, M-2, B-2 (2010 acres)
On-Premises Consumption Licenses (DOR - 2009)
^All Alcoholic Beverages
^Beer and Wine Only
Liquor & Gaming Licenses (HTE - 2009)
XBar/Lounge
XAll Alcoholic Beverages
XBeer & Wine
XBeer Only
XRestaurant (Beer)
XWine Only
XPool/Gaming
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INTERSTATE 90 HWY
DURSTON RD
DAVIS LN
W MAIN ST
STUCKY RD
BAXTER LN
W OAK ST
N 7TH AVE
S 19TH AVE
B
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G
GU
L
C
H
D
R
N
1
9
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A
V
E
FRONTAGE RD
MANLEY RD
W COLLEGE ST
S 11TH AVE
W KOCH ST
L ST
E MAIN ST
COTTONWOOD RD
S 3RD AVE
HAGGERTY LN
W KAGY BLVD
HUFFINE LN
E
K
A
GY
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HIGHL
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D BLV
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S 5TH AVE
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A
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BRIDGER DR
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OAK ST
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DR
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ELLIS ST
CEDAR ST
W OLIVE ST
W OAK ST
E GRIFFIN DR
W BEALL ST
S 7TH AVE
S ROUSE AVE
W GARFIELD ST
KAGY RD
FLANDERS MILL RD
FRONT ST
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AR
PER PU
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RD
N BLACK AVE
RO
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EQUESTRIAN LN
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SANDERS AVE
W BABCOCK ST
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N GRAND AVE
VALLEY DR
WATTS LN
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SIMMENTAL WAY
OLD FA
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RD
RESORT DR
SIM
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CHER
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EK
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TETON AVE
BOY
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S TRACY AVE
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ST
RENOVA LN
FISH
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CHER
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D
W GRIFFIN DR
TEMPORARY ROAD
E O
A
K
ST
N FERGUSON AVE
COTTONWOOD RD
CATTAIL ST
N ROUSE AVE
STORY HILL RD
SACCO DR
ASH DR
ROSA WAY
BUTTON
W
O
OD AVE
LOLO WAY
PATRICK ST
HANLEY AVE
N 7TH AVE
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N
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9
0
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W
Y
S 7
TH
A
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N 27TH AVE
BAXTER LN
FRONTAGE RD
Model #1
R
evised: 1/13/10
This map Citythe was of Bozeman created by
andPlanning Department Community of Development
¯
1 inch = 2,333 feet
some Intended layers for may Planning not line purposes up properly. only
Legend
Model #1 (1098 acres)
M-1, M-2, B-2 (2010 acres)
On-Premises Consumption Licenses (DOR - 2009)
^All Alcoholic Beverages
^Beer and Wine Only
Liquor & Gaming Licenses (HTE - 2009)
XBar/Lounge
XAll Alcoholic Beverages
XBeer & Wine
XBeer Only
XRestaurant (Beer)
XWine Only
XPool/Gaming
X
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INTERSTATE 90 HWY
DURSTON RD
W MAIN ST
STUCKY RD
N 7TH AVE
S 19TH AVE
E MAIN ST
COTTONWOOD RD
S 3RD AVE
HUFFINE LN
MANLEY RD
BRIDGER DR
FRONTAGE RD
N 19TH AVE
M
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N
RD
B
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NYON
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ARPER
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CRE
EK
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N 7TH AVE
S 3RD AVE
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9
0
H
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N ROUSE AVE
Liquor & Gaming Licensing (HTE & DOR - 2009)
Revised: 1/13/10
This map Citythe was of Bozeman created by
andPlanning Department Community of Development
¯
1 inch = 2,155 feet
some Intended layers for may Planning not line purposes up properly. only
Legend
On-Premises Consumption Licenses (DOR - 2009)
^All Alcoholic Beverages
^Beer and Wine Only
Liquor & Gaming Licenses (HTE - 2009)
X Bar/Lounge
X All Alcoholic Beverages
X Beer & Wine
X Beer Only
X Restaurant (Beer)
X Wine Only
X Pool/Gaming
Model 5 M-1, M-2, B-
2, B-3 --- X X ---- ---
Model 6 M-1, M-2, B-
1, B-2, B-3 --- X X 600’ X
Model 7 M-1, M-2, B-
1, B-2, B-3 --- X X --- ---
Model 8 M-1, M-2, B-
1, B-2, B-3,
UMU
--- X X --- ---
Model 9 M-1, M-2, B-
1, B-2, B-3,
UMU
--- --- --- 600’ X
X
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INTERSTATE 90 HWY
DAVIS LN
W MAIN ST
BAXTER LN
W OAK ST
B
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G
GU
L
C
H
D
R
N 7TH AVE
DURSTON RD
N
1
9
T
H
A
V
E
FRONTAGE RD
MANLEY RD
W COLLEGE ST
STO
R
Y
M
I
L
L
RD
W KOCH ST
L ST
E MAIN ST
HAGGERTY LN
N
1
5
T
H
A
V
E
BRIDGER DR
B
RIDGER
C
AN
YO
N R
D
A
N
N
I
E
ST
S 11TH AVE
N
2
5
T
H
A
V
E
S 19TH AVE
S 6TH AVE
S 4TH AVE
M
C
I
L
H
A
T
T
A
N
R
D
W STORY ST
OAK ST
S 5TH AVE
RE
D
W
I
N
G
D
R
N 27TH AVE
R
O
S
E
S
T
S GRAND AVE
N 5TH AVE
B
O
H
A
R
T
L
N
S 15TH AVE
ELLIS ST
S TRACY AVE
CEDAR ST
S WILLSON AVE
W OLIVE ST
S BLACK AVE
E
G
R
I
F
FI
N
D
R
W BEALL ST
W CURTISS ST
W GARFIELD ST
FRONT ST
W LAMME ST
FEN WAY
E
V
AL
LE
Y
CENT
E
R
RD
N BLACK AVE
HIL
L
S
I
D
E
LN
N TRACY AVE
W BABCOCK ST
IDA AVE
E LAMME ST
N 17TH AVE
VALLEY DR
N
W
AL
L
A
C
E
A
V
E
S 20TH AVE
S
7TH
AV
E
SIMMENTAL WAY
OLD
F
A
R
M
R
D
SIM
M
ON
S
LN
B
O
Y
L
A
N R
D
FOWLER AVE
WES
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E
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N
D
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N 3RD AVE
LI
LY
D
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N
2
2
N
D
A
VE
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K
Y
C
RE
E
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R
D
W GARFIELD ST
BOYL
A
N
R
D
N
C
H
U
R
CH AVE
N WILLSON AVE
F
I
S
H
H
A
T
C
H
E
R
Y
RD
W GRIFFIN DR
E
O
A
K
ST
DON
N
A
AVE
SHERIDAN AVE
CATTAIL ST
W HAYES ST
ARTHUR ST
N
R
OU
S
E
AV
E
STORY HILL RD
E G
A
R
F
I
E
L
D
ST
SACCO DR
WILDA LN
N 27TH AVE
FOWLER AVE
BOND ST
BUT
T
O
NWO
O
D A
VE
PEAR ST
PATRICK ST
FLORA LN
E BABCOCK ST
I
N
T
E
R
S
T
A
T
E
9
0
H
W
Y
CAT
T
A
IL
S
T
BOYL
A
N
RD
N 7TH AVE
FRONTAGE RD
W BABCOCK ST
N ROUSE AVE
Existing (Gaming Permitted)
Revised: 1/13/10
This map Citythe was of Bozeman created by
andPlanning Department Community of Development
¯
1 inch = 2,000 feet
some Intended layers for may Planning not line purposes up properly. only
Legend
Existing (Gaming Permitted) (445 acres)
M-1, M-2 (914 acres)
On-Premises Consumption Licenses (DOR - 2009)
^All Alcoholic Beverages
^Beer and Wine Only
Liquor & Gaming Licenses (HTE - 2009)
XBar/Lounge
XAll Alcoholic Beverages
XBeer & Wine
XBeer Only
XRestaurant (Beer)
XWine Only
XPool/Gaming