This chapter is intended to:

   A.   Identify safe and appropriate locations for establishments selling alcoholic beverages for on premises consumption near public school property;

   B.   Identify safe and appropriate locations for casinos; and

   C.   Protect and enhance safety of public school students and property near such establishments. (Ord. 2868, 2-22-1999)

For purposes of this chapter, the following definitions apply:

   CASINO: An establishment licensed for on premises consumption of alcoholic beverages which:

   A.   Is licensed for and has six (6) or more video gaming machines or gambling devices; or

   B. Is licensed for and used to conduct any of the following types of gambling: calcutta pools, live card games, live card game tournaments, and live keno.

   EXISTING CASINO: Licensed premises that previously had a gambling operator's license and operated as a casino or which had a pending application before the Montana department of justice prior to April 1, 1999, for a gambling operator's license for a casino use.

   EXISTING LICENSED PREMISES: Licensed premises that were licensed, or which had a pending application before the Montana department of revenue, for the retail sale of alcoholic beverages for on premises consumption prior to the enactment of this chapter and which have continuously operated under said licenses.

   LICENSED PREMISES: Establishments licensed by the state of Montana for the retail sale of any alcoholic beverage for on premises consumption. This does not include premises upon which any alcoholic beverage is catered and sold for on premises consumption to persons attending a special event.

   SCHOOL PROPERTY: Property owned, leased or exclusively possessed by a public school district that is used for educational purposes or school sanctioned activities for primary and secondary education students. This includes school buildings and adjacent land, playgrounds, athletic fields, stadiums, and other places used by primary and secondary education students for educational purposes or school sponsored events. It does not include property owned by commercially operated or postsecondary schools or school district property that is not regularly occupied or used by students for school activities. (Ord. 2799, 7-14-1997; amd. Ord. 2868, 2-22-1999)

   A.   Pursuant to the authority granted under section 16-3-309, Montana Code Annotated, the following are areas where alcoholic beverages may not be sold at retail for on premises consumption:

      1.   In any zoning district that does not allow licensed premises as either a permitted or conditional use under this title;

      2.   An area restricted by section 16-3-306, Montana Code Annotated, as amended;

      3.   An area located within six hundred feet (600') straight line distance from the closest exterior edge of a licensed premises to the closest boundary of school property, except as permitted by this chapter (Ord. 2868, 2-22-1999); and

      4.   An area located within six hundred (600) feet straight line distance from the closest exterior edge of a licensed premises to the nearest entrance of a church, synagogue, or other place of worship located on the same street as the licensed premises.

   B.   Pursuant to the authority granted under sections 16-3-309 and 23-5-171, Montana Code Annotated, casinos are only allowed by conditional use permit in those districts shown in section 11-2-3, table 1 of this title and are subject to subsection A of this section. A casino may not be located within three hundred feet (300') of any R-1, R-2, R-3, R-4 or R-O zoning district measured in a straight line distance from the closest exterior edge of the licensed premises to the closest boundary of the applicable residential zoning district. (Ord. 3104, 11-3-2008; amd. Ord. 3319, 5-6-2024)

   A.   The location prohibition defined in subsection 11-40-3A3 and 11-40-3A4 of this chapter does not apply to:

      1.   An existing licensed premises. Exempted existing licensed premises are not subject to the provisions of chapter 6 of this title as nonconforming uses.

      2.   A licensed premises that is in a location allowed by this chapter, but which subsequently becomes prohibited solely because of the acquisition, creation or expansion of school property or of a church, synagogue, or other place of worship.

      3.   A licensed premises located within the DT (Downtown) and the TR (Transitional Residential) zoning districts.

   B.   The location prohibition defined in subsection 11-40-3B of this chapter does not apply to an existing casino. Exempted existing casinos are not subject to the provisions of chapter 6 of this title as nonconforming uses. If the structure housing an existing casino becomes damaged or destroyed by any cause, the structure may be replaced or reconstructed. An existing gambling operation may change the type and quantity of gambling activity without the requirement of a conditional use permit for that change. (Ord. 3097, 4-7-2008; amd. Ord. 3319, 5-6-2024)

Licensed premises that are not permitted in a location because of subsection 11-40-3A3 of this chapter may be permitted as a conditional use in accordance with the provisions of chapter 3 of this title, provided the use is otherwise permitted by this zoning ordinance. (Ord. 3149, 12-19-2011)