A consideration for the council

To the Editor:

Honorable Mayor Anthony Berget, Council Members; Charlene Leckrone, Lee Bothman, Walt McElmurry, Doug Roll, Stu Crismore, and Bill Bischoff;

Given the public concern over the proposed "Fraternal Moose Hall" within the Libby Shopping Center, thereby adding yet another casino to the roughly 10 in the "City of Eagles," I would like to request two agenda discussion/action items added to March City Council meeting agenda.

First; To review state law as it relates to local governments in regulating gambling.

I ask the Mayor and the City Council to adopt a zoning ordinance that delineates where gaming and the serving of alcohol will be allowed.

I would suggest consideration of; distance from schools, distance from parks, distance to areas where children commingle and recreate, distance and effect on residential neighborhoods, distance and effect on family oriented shopping centers, etc…

Montana Code Annotated states:

23-5-171. Authority of local governments to regulate gambling.

(1) A local government may not license or regulate a form of gambling authorized by parts 1 through 8 of this chapter or assess or charge any fees or taxes unless specifically authorized by statute.

(2) An incorporated city or town may enact an ordinance or resolution zoning certain areas within its incorporated limits in which gambling is prohibited.

(3) A county may enact a resolution zoning certain areas in the county, not within an incorporated city or town, in which gambling is prohibited.

(4) A county or incorporated city or town may not restrict the number of licenses that the department may issue.

Subsection (2) clearly gives the city of Libby the authority to enact a zoning ordinance that can delineate where gaming may or may not be allowed. It is also clear, by reviewing subsection (4), that attempting to control the number of casinos would result in a legal battle. Therefore I believe a Zoning Ordinance is the best solution.

Second; I ask the Mayor and City Council to adopt a City Business License schedule for businesses engaged in gaming and the serving of alcohol that would allow these businesses to contribute to the betterment of the community.

I would suggest basing a new business application fee on projected annual gross revenue received less prizes paid out, and could adjust the next years' business license renewal on actual prior years' annual gross revenue received less prizes paid out. Business license renewal would be based on actual prior years annual gross revenue received less prizes paid out. This could be a percentage of annual gross revenue received or a fixed fee schedule.

Montana Code Annotated states:

7-21-4101. General licensing power of municipalities.

(1) The city or town council has power:

(a) to license by ordinance all industries, pursuits, professions, and occupations and to impose penalties for failure to comply with such license requirements;

(b) to fix the amount, terms, and manner of issuing and revoking licenses.

(2) The council may refuse to issue licenses when it may deem it best for the public interests.

I would further suggest delineating the manner in which these business license fees shall be used.

For example; 10 percent for sewer line replacement, 10 percent for sidewalk replacement, 20 percent for Libby Main Street Program and related revitalization projects, 5 percent for gambling addition programs, 5 percent for alcohol addiction programs, 5 percent for other addiction programs, etc… This of course, is only my thought and should be an area of discussion.

Thank you in advance for your consideration of these agenda items.

Phillip Erquiaga

Libby