SEELEY LAKE - A major concern expressed from community members about the Bob Marshall Music Festival was serving alcohol near Seeley Lake Elementary (SLE) school and its property. The area where the alcohol was served is legally owned by SLE but is designated as a Missoula County Park. SLE administers the park and can approve or disapprove activities without the Missoula County Parks and Recreation Department input.
The festival was approved for a special permit form the Montana Department of Revenue allowing temporary beer and wine sales and consumption on school grounds. Montana Code Annotated (MCA) 16-4-301 allows for these special permits to limited groups including 501(c)3 non-profits.
The issue community members have raised comes from MCA 16-3-306 that limits the retail sale of alcohol within 600 feet of a school or church and with entrances on the same street.
The law that allows special permits does not have any language in it for exemptions to the school and church limitation however, the special permit application issued by the Department of Revenue does.
The permit states that the affected school or church can, with written approval, agree to allow alcohol to be sold and consumed where it normally would be prohibited. This is similar to language that can be found in MCA 16-4-111, the law that allows for catering and serving alcohol off-premise of retail businesses.
According to Montana Department of Revenue Compliance Technician Jessica Barnes, the Seeley Lake Community Foundation was the non-profit that obtained the special permit. Barnes explained that these types of permits are regularly issued to churches and schools. She said she received written approval from SLE Superintendent Chris Stout prior to the approval of the special permit.
According to Stout, who is also the festival organizer, there was no official vote by the SLE School Board to allow alcohol but the board was aware of alcohol being sold and did not object.
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