§ 3-37. Locations for retail sale.
(a)
Beer, wine and liquor may be sold at retail in buildings on the following described properties:
(1)
Blocks 31, 32, 43, 44, 49 and 50 of the original townsite of the city, according to the official plat and survey thereof on file and of record in the office of the county clerk, said blocks being located on each side of Main Street between Fifth and Eighth Streets in the city.
(2)
Lots 16, 17, 18, 19 and 20, inclusive, of Block 45 of the original townsite of the city, according to the official plat and survey thereof on file and of record in the office of the county clerk.
(3)
The east 14 feet of Lot 4 and all of Lots 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15 and 16 in Block 45 of the original townsite of the city, according to the official plat and survey thereof on file and of record in the office of the county clerk.
(4)
Beginning at the intersection of Haynes Avenue and Wilson Street; thence north 502.5 feet along the centerline of Haynes Avenue to a point on the east right-of-way line of Highway 312, said point also being the point of true beginning; thence north 85 feet along the highway right-of-way line to a point; thence east 300 feet to a point, thence south 85 feet to a point; thence west 300 feet to the true point of beginning.
(5)
Tract "C", being a tract of land located within the Burlington Northern and Santa Fe Railway Company's (formerly Northern Pacific Railway Company) 400.0 foot wide Charter Right-of-Way, according to Certificate of Survey, filed for record as Document No. 118477, in Envelope No. 372 B of the Plat Cabinet in the office of the county clerk and recorder in and for Custer County, Montana; and Tract "D", being a tract of land located within the Burlington Northern and Santa Fe Railway Company's (formerly Northern Pacific Railway Company) 400.0 foot wide Charter Right-of-Way, according to Certificate of Survey, filed as Document No. 119503, in Envelope No. 378 A of the Plat Cabinet in the office of the county clerk and recorder in and for Custer County, Montana.
(6)
North 50 feet of West 20 feet of Lot 16 and North 50 feet of Lots 17 through 20 in Block 60 of the original townsite of the city, according to the official plat and survey thereof on file and of record in the office of the county clerk.
(7)
Lots 7 through 10 in Block 42 of the original townsite of the city, according to the official plat and survey thereof on file and of record in the office of the county clerk.
(8)
Lots 8 through 10 in Block 64 of the original townsite of the city, according to the official plat and survey thereof on file and of record in the office of the county clerk.
(9)
Lots 11 through 16 in Block 33 of the original townsite of the city, according to the official plat and survey thereof on file and of record in the office of the county clerk.
(10)
Tract 2 less D, E, and 160' by 180' of H, Dyba Addition to the city according to the official plat and survey thereof on file and of record in the office of the county clerk.
(11)
Block 5 of the Miles Addition to the City of Miles City, Montana according to the official plat and survey thereof on file and of record in the office of the county clerk.
(12)
The south 6 feet of Lot 3, all of Lots 4 and 5, all of Lot 6 except the south 10 feet of the east 150 feet, and the north 15 feet of the west 110 feet of Lot 7, all in Block 4 of Pioneer Subdivision, an addition to the City of Miles City, Custer County, Montana according to the official plat and survey of said addition on file and of record in the office of the county clerk and Recorder of Custer County, Montana, less highway right-of-way.
(13)
Parcel 1, less 22,010 square feet, of the Miles City Mall Subdivision to the City of Miles City, Custer County, Montana situated in Section 34, Township 8 North, Range 47 East, M.P.M., according to the official plat and survey thereof on file and of record in the office of the Clerk and Recorder of Custer County, Montana.
(b)
Beer and wine may be sold at retail at the following locations:
(1)
In a building on the south 30 feet of the west 14½ feet of Lot 18, the south 30 feet of Lot 19 and the south 30 feet of Lot 20 in Block 60 of the original townsite of the city, according to the plat and survey thereof.
(2)
In a building on Lot 5A, in Block 2 of the Meadows Subdivision amended in section 35, Township 8 North, Range 47 East according to the official plat thereof on file in the office of the clerk and recorder of Custer County, Montana as Document No. 104905.
(3)
Buttrey Tract addition to the City of Miles City according to the official plat and survey thereof on file in the office of the clerk and recorder of Custer County, Montana.
(4)
Lots 6 and 7 and East ½ of the North ½ and East 6 feet of the South ½ of Lot 8, in Block 73 of the original townsite of the city, according to the official plat and survey thereof on file in the office of the clerk and recorder of Custer County, Montana.
(5)
Lot 1 in Block 2, Meadows addition to the City of Miles City, according to the official plat and survey thereof on file in the office of the clerk and recorder of Custer County, Montana.
(6)
That portion of the Texaco Tract in Government Lot 1 as described in the 1964 deed filed in Book 105 of Deeds at Page 50, less Certificate of Survey No. 69056, records of Custer County, Montana.
(7)
Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, and 10 in Block 2, and Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, and 10 in Block 4 of the town, now City of Miles City, Custer County, Montana, according to the original plat and survey of said town by the Northern Pacific Railroad Company now on file and of record in the office of the county clerk and recorder in and for Custer County, Montana; and the alley running in an easterly-westerly direction through said Block 2 and Block 4, which was closed by the City of Miles City, by Resolution No. 1544, dated May 24, 1965. Said Resolution was recorded on June 15, 1965, in Book 36 of Misc., at Page 438, real estate records of Custer County, Montana; and the former Front Street, situated between said Blocks 2 and 4 of the original townsite extending from the North line of Palmer Street to the South line of Orr Street, which was vacated by the City of Miles City, Montana, by Ordinance No. 1005, passed and adopted on June 12, 1990. Said Ordinance was filed for record on November 14, 1991, in Book M-55 of Misc., at Page 1112, real estate records of Custer County, Montana.
(c)
Beer, wine and liquor may be sold at retail in buildings on the following described properties:
(1)
Lot 1 of Block 6 of the Carbon Hill Addition to the City of Miles City, Custer County, Montana, according to the plat and survey thereof.
(2)
Lot 3 of Block 5 of the Carbon Hill Addition to the City of Miles City, Custer County, Montana, according to the plat and survey thereof.
(3)
Lot 9 of Block 4 of the Pioneer Subdivision of the City of Miles City, Custer County, Montana, according to the plat and survey thereof.
(4)
A tract of land located in the Klamm property as shown on the plat on file in the city engineer's office and more particularly described as follows: Beginning at the NW corner of the Reynolds Tract; thence, SW 200 feet westerly along the south right of way line of the Burlington Northern Railroad; thence SE 200 feet at right angle to a point; thence NE 200 feet at right angle to a point on the west property line of the Reynolds Tract; thence NW 200 feet to the point of beginning, located in the City of Miles City, Custer County, Montana.
(5)
Lots 1, 2, 3, 4, 5, 6 and 7 of Block 4 of the Doeden Addition to the City of Miles City, Custer County, Montana, according to the plat and survey thereof.
(6)
Lots 4A of Block 1 of the Meadows Subdivision to the City of Miles City, Custer County, Montana, according to the plat and survey thereof now on file and of record in the office of the clerk and recorder, in and for Custer County, Montana.
(7)
Lots 1 and 2 of Block 60 of the original townsite to the town, now the City of Miles City, Custer County, Montana, according to the plat and survey thereof by the Northern Pacific Railroad Company now on file and of record in the office of the county clerk and recorder, in and for Custer County, Montana.
(8)
That portion of the Gulf Oil Corporation Tract described in the 1979 deed filed in Micro 6, page 656 and as amended by the Amended Plat thereof filed in Envelope 252 B as Document No. 80623, records of Custer County, Montana and the Acquired Land tract shown on the Amended Plat filed in Envelope 333B as Document No. 106734, records of Custer County, Montana, all within Government Lot 1, Section 3, Township 7 North, Range 47 East, M.P.M.
(d)
Beer may be sold at retail in buildings on the following described property:
(1)
Lots 1, 2, and 3 of Block 14 of the original townsite to the town, now the City of Miles City, Custer County, Montana, according to the plat and survey thereof by the Northern Pacific Railroad Company now on file and of record in the office of the county clerk and recorder, in and for Custer County, Montana.
(e)
Any person, firm or corporation operating any place of business in violation of this section or any similar ordinance of the city shall, upon conviction, be punished by a fine of not less than $100.00 or more than $300.00 for each offense, and each opening for business shall be a separate offense.
(f)
This section does not apply to premises that are being catered by a business that has a current and valid catering endorsement from the State of Montana and that has received the necessary permit and paid the permit fee as required by the State of Montana and the City of Miles City for special events.
(Code 1981, § 5.10.120; Ord. No. 553, §§ 1, 2, 4-14-47; Ord. No. 702, § 1, 6-22-64; Ord. No. 751, § 1, 6-28-71; Ord. No. 799, § 1, 8-10-76; Ord. No. 820, § 1, 2-14-78; Ord. No. 841, § 1, 12-12-78; Ord. No. 871, § 4, 4-22-80; Ord. No. 1070, §§ 1, 2, 12-26-95; Ord. No. 1105, § 1, 2-23-99; Ord. No. 1114, § 1, 3-28-00; Ord. No. 1117, § 1, 8-8-00; Ord. No. 1137, § 1, 9-10-02; Ord. No. 1164, § 1, 9-26-06; Ord No. 1165, §§ 1, 2, 1-9-07; Ord. No. 1175, § 1, 5-27-08; Ord. No. 1184, § 1, 8-26-08; Ord. No. 1207, § 1, 11-23-10; Ord. No. 1235, § 1, 4-10-12)
State law reference
Sales prohibited by ordinance, MCA 16-3-309.