Meetings
 


City of Helena, Montana
 
June 9, 2021
To: Mayor Wilmot Collins and The Helena City Commission
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 beverages on city property within the Downtown Urban Renewal District for events taking place on July 16 and 17, 2021.
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.

The Commission amended the proposed resolution at the June 7, 2021 regular commission meeting and table the amended resolution until June 21, 2021 pending potential solutions to allow a special event on City rights-of-way. The amended resolution is now before the Commission.

Background Information: Allow the consumption of alcoholic beverages on City property 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 for events taking place within the District on July 16 and 17, 2021.

Disorderly conduct and other offenses would still be prohibited by state law.
Proposal/Objective: Allow the consumption of alcoholic beverages on City property 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 for events taking place within the District on July 16 and 17, 2021.

Disorderly conduct and other offenses would still be prohibited by state law.
Advantage: Support local businesses within the District by allowing consumption of alcoholic beverages on City property.
Notable Energy Impact: N/A
Disadvantage: Specific permission for a singular event by the City to effectively allow consumption of alcoholic beverages or possession of open containers of intoxicating beverages on the City’s property may preclude the City from enforcing the same provisions in other areas of the City due to equal protection and free speech concerns. Specific permission without insurance may also be construed to mean the City is responsible for damages resulting from the event or participants of the event.
Notice of Public Hearing: N/A
Staff Recommendation:
 
ATTACHMENTS:
Resolution