I recently found an online directory of Kalispell City ordinances and thought it would be intriguing to see what some of the ordinances of the past were. The last post covered a 1930 ordinance about salaries for town employees. This one is the only ordinance published in 1933 (not much happened between those two years) and it is all about beer.
Ordinance #442, effective March 27, 1933 is all about enforcing the "Montana Beer Act." Surprisingly enough, I cannot find the actual legislation mentioned. Apparently the Montana Beer Act's official title was "An Act to Provide for the licensing and regulation of the Manufacture Sale and Distribution of Beer and other Similar Fermented Beverages, and for the Raising and Disposition of Revenue therefrom." That was evidently too long to remember, and it became the Montana Beer Act.
The Montana Beer Act was put in place on March 14th 1933, and the Kalispell ordinance was effective only two weeks later. The state was hoping beer would enable the state to make a lot of money, bringing prosperity back.
This particular ordinance was very long as far as Kalispell ordinances go. Four typed pages with 22 sections. It basically stated:
Section 1 - the Mayor, Chief of Police, Police magistrate, and police officers in Kalispell were permitted to license and regulate places where beer was sold. They were also permitted to fine and collect license fees. Interestingly enough, this ordinance was declared an "emergency measure."
Section 2 - The one exclusion was for persons maintaining or operating any railroad car or train for passengers "which are prohibited or declared unlawful by the Montana Beer act". Even today, opening of alcoholic beverages during transit is prohibited.
Section 3 - The fine if any brewer violates the Act was up to $300 and up to ninety days in jail.
Section 4 - Kalispell recognized that their power to enforce the Beer Act was dependent upon an Act of Congress that declares beer and other fermented beverages with at least 3.2% alcoholic content as non-intoxicating. If the law was changed and those beers became intoxicating, the Beer Act ordinance would be declared null and void. By the way, prohibitionists did believe beer with less than 3.2% alcoholic content was indeed intoxicating, but their views did not prevail.
Section 5 - Kalispell will follow state laws regarding their ability to license and regulate places of business where beer is sold. If Montana amends or repeals the Beer Act, then the ordinance will follow those changes.
Section 6 - Kalispell will license places of business where beer is sold, but will follow guidance by electors of Flathead County. If the electors decide beer is not permitted in county, then the ordinance will be suspended.
Section 7 - this section defined the name of the Beer act as indicated in the title.
Section 8 - The actual crux of the matter. Kalispell would require an annual license fee for anyone who wants to sell beer in the city before they are allowed to start sales. The costs for a retailer would be $300 per year. A wholesaler would pay $150, a hotel $125, a restaurant $100 and a club $50.
Section 9 - This section identified the form and process to be followed when applying for a license, Section 10 indicated how the decision will be made to grant or not grant a license. and Section 11 made clear that beer could not be sold in any residential district.
The rest of the document indicated that beer could only be sold between 7am and midnight, but hotel guests could drink anytime they wanted in their rooms. It also addressed what happens if a license is revoked and how inspections of businesses would be handled. All of the funds collected through license fees would be held in a special fund called "Contingent Fund, for the Protection of Public Morals on account of Sale of Beer Fund." Why didn't they just call it Beer Fund?
Summary
So in general this ordinance provided Kalispell with the green light to enforce Montana's Beer Act. It would have been useful to be able to know what the Beer Act actually said. The ordinance indicates the hours beer sellers could sell, the requirements for licensing, and the penalties for law breakers.
An article in the Missoula Current indicated that even though this ordinance was put in place in March of 1933, there was no beer available in Montana at that time. In April, one man in Deer Lodge MT had somehow managed to purchase a shipment of beer from a Washington state brewery. Everyone else had to wait until big and local breweries started producing beer. An article at the time indicated:
"There will be no bands, German or otherwise... no street dance... no "Sweet Adelining" quartet, with the singers' feet on the rails and steins in their hands. The wholesalers who have secured license to sell beer, have no beer. The retailers who want to sell beer, have no license. The consumers who want to drink beer, will only have thirst."
Various locations in the state were finally able to get beer deliveries in late April. Interestingly enough, the state was correct about the licensing raising money. The beer license fund grew to $130K with the first week of legal sales. Since Montana was the first state to repeal the Prohibition enforcement in 1926, they were waiting a long time to legally enjoy alcohol. Lots of pent-up demand!
Beer came back first, and then liquor. As of 2023, the Brewers Association State Craft Beer Sales & Production Statistics indicate that while Montana ranks 30th in terms of number of total craft breweries in the state (with 106 breweries), it ranks 3rd in terms of breweries per capita. Montana also produces 192,656 barrels of beer per year which is 6.9 gallons per 21 year+ adult. I don't drink beer so I'm thinking there's another Montanan out there drinking 14 gallons.
And there you have it, another blast from the past of Kalispell Montana. I wonder what I'll find the next time I peek into the Kalispell Ordinances?
If you have any real estate related needs, feel free to give me a call on 406-270-3667 or email me at kat@thehousekat.com and I would be happy to find the right person to assist you!
Photos made from Kat's brain and AI.
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