Meetings
 


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

Rachel Harlow-Schalk, City Manager

Thomas J. Jodoin, City Attorney
Subject: Consider first passage of an ordinance repealing or amending Chapter 14, Consumption of Alcoholic Beverages on City Property of Title 7, Public Ways and Property, and Chapter 1, Part 1, Possession of Intoxicating Beverages of Title 5, Police Regulations, of the Helena City Code.
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 this 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 eliminating the prohibition against consumption of alcoholic beverages and possession of open containers of intoxicating beverages by repealing Title 7, Chapter 14 and Section 5-1-1.

 

Option 2: Allow the consumption of alcoholic beverages and the possession of open containers of intoxicating beverages on City property within the Downtown Urban Renewal District by amending Title 7, Chapter 14 and Section 5-1-1.

 

State code offenses such as disorderly conduct and assault will of course remain in effect.

Proposal/Objective:

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

 

Option 2: Allow the consumption of alcoholic beverages and the possession of open containers of intoxicating beverages on City property within the Downtown Urban Renewal District by amending Title 7, Chapter 14 and Section 5-1-1.

 

State code offenses such as disorderly conduct and assault will of course remain in effect.

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 Ordinance Citywide
Option 2 Ordinance Downtown