Friday, November 15, 2024
37.0°F

Bigfork open container law challenged

LYNNETTE HINTZE | Hagadone News Network | UPDATED 10 years, 8 months AGO
by LYNNETTE HINTZE
Daily Inter Lake | February 20, 2014 8:00 PM

The Community Foundation for a Better Bigfork has asked the Flathead County commissioners to rescind the county’s open container law for Bigfork, saying it prevents the broader use of public facilities such as Sliter Park.

An open container law for Bigfork dating back to 1977 was expanded in 1990 by the commissioners to include the entire Bigfork community and Montana 35 strip after recurring problems with drinking during events such as the Fourth of July celebration and annual Whitewater Festival.

At the time, the commissioners said it was “in the best interest of public safety” to expand the open container boundaries in Bigfork.

Paul Mutascio, president of the foundation, told the commissioners on Thursday the ordinance unfairly targets Bigfork “for its past sins.”

Since the expanded ordinance was passed, Bigfork has become a dramatically different place, with the community investing heavily in Sliter Park and other amenities to make them more family-friendly and community-oriented, he said.

“It was a wild and crazy place” in the 1990 era, Mutascio acknowledged. “We don’t want to go back to the good old days. We just want equal treatment.”

Bigfork resident Walter Kuhn told the commissioners that in the 24 years he’s lived there, “Bigfork has really calmed down.” He believes allowing alcohol use in public places would be “very manageable” with proper controls put in place.

Bob Keenan, a trustee for the Bigfork Community Development Foundation that has invested heavily in community improvements — many of them at Sliter Park — said he, too believes that allowing open containers for special events, with the right conditions, could benefit Bigfork. He said he would expect the county to conduct a legal review of the request to rescind the ordinance.

The foundation recently made its plea to the county Park Board, which voted to recommend rescinding the resolution.

The commissioners did not discuss the foundation’s request and did not offer any timetable for when they would consider the request.

In the bigger picture, allowing alcohol at Sliter Park would broaden the use of the park, bringing in more revenue for the county, Mutascio said.

Late last year, Flathead County Parks and Recreation Director Jed Fisher broached the idea of the county dropping its long-running lease with PacifiCorp for Sliter Park to free up maintenance money for county-owned parks.

The county entered into a lease with PacifiCorp about 30 years ago and continued to renew the lease in smaller time increments after the original 20-year term expired about 10 years ago.

Fisher said maintenance of the highly used park has been an ongoing challenge for the county and costs keep going up because of heavy use.

The county can vacate the Sliter Park lease with a 30-day notice, and it’s written into the lease that if the county bows out, the Community Foundation for a Better Bigfork would assume oversight of the park.

Fisher told the commissioners in December he estimates the county spends about $7,500 annually to maintain Sliter Park. On top of that, Mutascio said the foundation chips in about $5,500 a year to pay a contracted maintenance worker to clean the restrooms and empty the trash bins more often that the county is able to do.

“Sliter Park is used all year round,” Mutascio pointed out. “Our attitude is let us help you.”

The county has guidelines and requires documentation if alcohol is sold at an event held at a county park. The event coordinator must use a sponsor who has a liquor license, according to county regulations.

“By definition, ‘selling’ includes purchase of a ticket for an event that includes alcohol,” regulations state. “Being a sponsor and a caterer is prohibited. Example: John Doe Brewery cannot host an event and be the caterer. All alcohol vendors in parks need to be sponsored.”

Documentation required by the county includes a permit application, facility rental agreement and certificate of liability insurance. The Sheriff’s Office requires a copy of the current liquor license and authorization to cater special events; both are issued by the state Department of Revenue. Also required is a statement on the licensee’s letterhead notifying the sheriff of the day, date, time and location of the event, plus a $35 check.

Nonprofit organizations, however, have a different procedure and must directly contact the Montana Department of Revenue.

Features editor Lynnette Hintze may be reached at 758-4421 or by email at lhintze@dailyinterlake.com.

ARTICLES BY