A. Criteria: The city will consider on a case by case basis variance to any individual or group, applications for a variance from the Forsyth open container law, in addition to the city's permission to allow the serving of alcohol in city parks. In consideration of a variance application that is prior to a city council meeting the city clerk may approve the variance in consideration of the same criteria the city council does. The city clerk will notify the city council and the law enforcement department. The city council will consider the following criteria in reviewing these requests:
1. The willingness and ability of the individual or group, to assume liability and responsibility for the event. (Ord. 2015-07, 11-9-2015)
2. The ability to post a sufficient deposit for additional law enforcement personnel if necessary.
3. The ability to clean up the park or the facility immediately afterwards. A reasonable deposit for cleanup may be required.
4. The ability to conduct the function without causing noise disturbance to the adjacent landowners. Applicants are encouraged to acquire written consent of the adjacent landowners in advance of any request.
B. State Law Applicable: All applicants will be required to follow the provisions of Montana law concerning the sale or distribution of alcohol, as set forth under Montana Code Annotated sections 16-6-301 through 16-6-305. (Ord. 98-03, 9-28-1998, eff. 10-28-1998)
Notes
| 1 | 1. See section 7-1-6 of this code for open container law. |