Meetings
 


City of Helena, Montana
 
May 28, 2021
To: Mayor Collins, and City Commissioners
From:

Rachel Harlow-Schalk, City Manager

Thomas J. Jodoin, City Attorney

Subject: Consider a resolution suspending the prohibition of consumption of alcoholic beverages and possession of open containers of intoxicating beverage on city property.
Present Situation:

Section 7-14-1, Helena City Code, prohibits the consumption of alcoholic beverages on the City’s rights-of-way, including public ways, streets, alleys, parks and other places owned by the City unless a permit has been issued by the City Manager.

 

Section 5-1-1 Helena City Code prohibits the possession of open containers of intoxicating beverages on the streets, alleys, parks or on any other public premises in the City. However, this prohibition does not apply to those that have a permit granted pursuant to Section 7-14-1, Helena City Code. 

 

The permit holder must indemnify and defend the City and provide proof of liability insurance which includes alcohol liability insurance.

Background Information:

Option 1: Allow the consumption of alcoholic beverages on City property Citywide by suspending the prohibition against consumption of alcoholic beverages and possession of open containers of intoxicating beverages until an ordinance repealing Title 7, Chapter 14 and Section 5-1-1 is effective.

 

Option 2: Allow the consumption of alcoholic beverages on City property only within the boundaries of the Downtown Urban Renewal District by suspending the prohibition against consumption of alcoholic beverages and possession of open containers of intoxicating beverages until an ordinance repealing Title 7, Chapter 14 and Section 5-1-1 is effective.

 

Disorderly conduct and other offenses would still prohibited by state law.

Proposal/Objective:

Option 1: Allow the consumption of alcoholic beverages on City property Citywide by suspending the prohibition against consumption of alcoholic beverages and possession of open containers of intoxicating beverages until an ordinance repealing Title 7, Chapter 14 and Section 5-1-1 is effective.

 

Option 2: Allow the consumption of alcoholic beverages on City property only within the boundaries of the Downtown Urban Renewal District by suspending the prohibition against consumption of alcoholic beverages and possession of open containers of intoxicating beverages until an ordinance repealing Title 7, Chapter 14 and Section 5-1-1 is effective.

 

Disorderly conduct and other offenses would still prohibited by state law.

Advantage:

Support local businesses by allowing consumption of alcoholic beverages on City property.

Notable Energy Impact: N/A
Disadvantage:
None noted specifically to the consumption or possession of alcohol but increase in incidents due to disorderly conduct may be possible.
Notice of Public Hearing: N/A
Staff Recommendation:
 
ATTACHMENTS:
Option 1 Citywide Resolution
Option 2 Downtown Resolution