City approves permit for Whitefish Beer Barter

Whitefish’s popular Beer Barter will go on as planned this Saturday following the Winter Carnival parade.

Whitefish City Council voted 4-1 on Monday to issue Great Northern Brewing Company a permit for the event on Central Avenue.

The vote overruled an earlier decision from City Manager Chuck Stearns to deny the permit based on recommendations from Whitefish Police Chief Bill Dial. Dial cited uncontrolled premises and a rampant number of open containers throughout downtown during past barters.

In granting the permit, councilors also handed the brewery a stern scolding.

“You have put us in a difficult situation,” councilor Andy Feury told brewery general manager Marcus Duffey. “I don’t go against the wisdom of the city manager and chief of police very often, and I do so with great reservation.”

“We have other successful events with Oktoberfest and Brewfest. We know it can work, but it can only work if you’re doing your job. If you don’t do it this year, you’re going to pay for it.”

Now in its fourth year, the beer barter asks contestants what they would do or trade for a year’s supply of beer. Hundreds of spectators fill the street in front of the brewery as offers are made to a panel of judges.

Stearns noted that the brewery was warned about open container violations following previous barters and that Duffey had reassured police the brewery would do a better job of controlling the event.

On Monday, Dial described past barters as being “out of control.”

“People were reaching out and handing me beers,” Dial said of his experience in the Grand Parade.

“Marcus gave me his word two years ago that last year would be different, and it wasn’t.”

Dial said the brewery hasn’t proven it will follow city rules in the past, and cited their previous use of a klieg light during Winter Carnival without permission.

The brewery also had a run-in with the city in 2011 regarding sign code violations.

“Three times he’s disregarded city council,” Dial said. “He’s demonstrated he’s not taken the steps he’s promised to take.”

“This wasn’t an arbitrary decision. I think [the barter] is a great event. However, my job is to protect the public.”

Duffey told council he takes responsibility for the lack of security and other shortcomings at past barters, but said the brewery is prepared to work with the city to meet their needs.

“The barter has evolved and increased in popularity,” Duffey said. “It’s what Carnival is all about, and it contributes to our culture and commerce. But we don’t believe we are above the law.”

“We want to see the barter continue. We’re attempting to put the brewery in a position to work in tandem with the city.”

Duffey proposed to narrow the scope of their permit for this year’s barter by only serving beer from 4-6:30 p.m. Last year they began serving at 11 a.m.

He also plans to beef up barricades, hire insured security and use wristbands to identify those over age 21.

Councilors took it even further by requiring a $5,000 performance bond to be held for 30 days and returned only if the event goes on without any incidents. Six paid security guards will be required, and the brewery will have a follow up meeting with the city after the event.

Jen Frandsen agreed with the other councilors that the city was put in an “unfortunate situation” where it looked like the bad guy in originally denying the permit. She was disconcerted that the brewery never met with Dial after last year’s barter to address his concerns.

“The barter does great things for the community,” she said, “but with success comes responsibility.”

John Anderson noted that liability falls on the city if an accident were to happen at the barter.

“If someone gets hurt, it’s not the brewery who pays, it’s taxpayers who pay,” he said.

Richard Hildner was the lone vote against issuing the permit, while Pam Barberis recused as her husband works for the brewery.

Hildner said that while he appreciates the event, there needs to be a consequence for the brewery’s past missteps.

Last year’s barter winner Jean-Anne Swope spoke in favor of the event prior to the council vote.

“It’s just a fun experience and a great way to contribute to the community,” she said of the barter. “It’s an opportunity for 1,000 people to gather, laugh and cheer and have a great time.”

The barter is scheduled this year for Feb. 8 at 4:30 p.m. following the Carnival Grand Parade.