Liquor license application complicated by Montana law
Burgertown’s application for an all-alcoholic beverages with catering endorsement license was originally denied due to the restaurant’s proximity to Bethany Lutheran Church earlier this month. Under state law 16-3-306 no liquor licenses can be granted within 600 feet of a church or school. However, on Friday it was found that the county could still approve the license.
“We thought it was a done deal,” Kim Sweeney, co-owner of Burgertown, said as she explained how the state called back and said there was still a way to get the license. “We were completely surprised by that and thought it was black and white.”
Sweeney had spoken with Shawna Christenson from the Montana State Liquor Board on Friday and found out there were two laws that could determine whether or not Burgertown can get the license.
Burgertown is only a few hundred feet from the church, but under 16-3-309 the county could approve the application since Bigfork is unincorporated. This law reads as follows:
“A county may enact an ordinance or resolution defining certain areas in the county, not within the incorporated limits of a city, where alcoholic beverages may or may not be sold. In enacting such an ordinance or resolution, the county or city may provide that the provisions of 16-3-306(1) do not apply within the jurisdictional area of the ordinance or resolution. If a county or city has supplanted the provisions of 16-3-306(1), upon request of the department the governing body of the county or city must certify to the department whether or not the person or individual identified in the request may lawfully sell alcoholic beverages under the terms of the ordinance or resolution. The department is bound by the determination set forth in the certification.”
“It means that retail licenses are not supposed to be approved within 600 feet (of churches or schools), but an applicant could go to a city or county jurisdiction to supplant that,” Christianson said. “Basically, a city or county can override it.”
BJ Grieve, planning director for Flathead County said Burgertown’s application was not a zoning issue with the county. He also said that Burgertown is zoned as B3, which includes restaurants under permitted use and taverns under a conditional use.
Grieve had confirmed with Sweeney that Burgertown was going to continue to operate as a restaurant and not as a tavern.
Sweeney’s plan was to serve canned beer and have locally brewed beer on tap as well.
“Often, guys come in after a golf game and ask for a beer with their burger, and that’s what prompted us to take a look at it,” Sweeney said. “It would have been a way to expand the business and offering something that our customers have been asking for for the last two years.”
Now in order for Burgertown to continue with the licensing process they need to get permission in writing from Bethany Lutheran Church and then present their case to the Flathead County Commissioners. Sweeney plans to meet with the church later this week.
Should Burgertown make it through the licensing process their plan is to serve beer in just cans and bottles at first and then look into adding a tap from a local brewery if they have space for it.
However, the restaurant does have to make a few changes to their facility in order to be compliant with liquor licensing rules. They will not be able to serve from their walk-up window, as that would be considered a drive-thru service. Beer sales would have to be made from the counter indoors.
Additionally, customers would be limited to drinking their beer inside the restaurant or on the south and west ends of the patio once walls have been erected on all for sides of that section of the patio, similar to a beer garden.
“We have a short season and not a lot of time left,” Sweeney said. “We’re hoping to get it in August and test it out, but we will see how long the process takes.”