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Proposed sidewalk and alcohol laws signal Libby is "open for for business"

by Gwyneth Hyndman
| July 11, 2014 11:12 AM

A revised set of city ordinances that would allow Libby’s first  brewery to serve alcohol at outdoor tables on Mineral Avenue sends the  message that Libby “is open for business” a brewery co-owner told Libby City Council members on Monday night.

More than 30 people – business owners, law enforcement, supporters and critics of the change in city ordinance – were given the opportunity to comment as the council heard the first reading of the revision to Libby Municipal Code 12.32 and 9.56.

The revision would allow the incoming Cabinet Mountain Brewing Co. to serve alcohol in an enclosed area on the sidewalk outside the brewery. Currently, the city ordinances on public consumption of liquor and sidewalk encroachment do not allow for this.

Brewery co-owner Kristin Smith said adopting the revisions would  create more sales opportunities for downtown Libby.

Moreover, the changes represent Libby moving forward in a positive  manner, Smith said, and it lays the groundwork for further businesses  moving in.

“We don’t want to be the town that’s left to die,” Smith said.

Libby resident Gary Huntsberger said he was behind the brewery and  told the room he believed Smith and brewery co-owner Sarah Dinning needed more support from the community because they were making a considerable contribution.

However some arrived at the meeting still needing clarification on the revisions.

Libby Police Chief Jim Smith said he was unsure how he could remove someone who was being disorderly if they were in the enclosed outdoor area of the brewery. As he understood the code, the sidewalk was a public place.

“It’s a scenario I can see happening – probably in the first few weeks,” Jim Smith said. “With the trespass laws ... the sidewalk is public. I can’t make people leave if they are disrupting the business.”

Libby Mayor Doug Roll said he believed the new code transferred the sidewalk to private property but told Jim Smith he would make sure that issue was addressed.

Matt Hollingsworth, owner of Mike and Gabe’s restaurant, voiced his support for the brewery, but was concerned about how this would impact closing times for drinking establishments and was unsure if the allowance for tables – which the draft ordinance stated could be four feet wide – would take up too much of the sidewalk.

Other concerns included the ability of a four-foot high fence stopping alcohol from being passed over.

Libby resident Amy Thomson – who had only been in Libby for a few years – said after living in different towns and cities in the U.S. and Europe, having outdoor seating would be “a breath of fresh air.”

The city council voted to adopt the first reading of the revised ordinances. The second reading will be held at the next city council meeting on July 21. The ordinance will become effective 30 days after the second reading and final adoption.